Bill Text: NY A03386 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to certain prostitution offenses and fines relating thereto; relates to motions to vacate judgment and motions for new sentencing; relates to investigation into acts alleged to be the unauthorized practice of massage therapy by potential victims of human trafficking; prohibits the possession of reproductive or sexual health devices from being permitted in specified criminal or civil proceedings as evidence of prostitution; relates to services for exploited individuals, services for victims of human trafficking and the interagency task force on human trafficking; establishes the victims of sexual exploitation fund; makes conforming changes; repeals provisions relating to prostitution, prostitution in a school zone, defense against patronizing a person for prostitution and a motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-01-03 - referred to codes [A03386 Detail]
Download: New_York-2023-A03386-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3386 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. HUNTER, PAULIN, JEAN-PIERRE, KELLES, HEVESI -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to certain prostitution offenses and fines relating thereto; to amend the criminal procedure law, in relation to motions to vacate judgment and motions for new sentencing; to amend the education law, in relation to investigation into acts alleged to be the unauthorized practice of massage therapy by potential victims of human trafficking; to amend the civil practice law and rules, the criminal procedure law and the executive law, in relation to prohibiting possession of reproductive or sexual health devices from being permitted in specified criminal or civil proceedings as evidence of prostitution; to amend the executive law, in relation to the maximum age at which a homeless youth can continue to receive shelter services; to amend the executive law, in relation to human trafficking and sexual exploitation awareness; to amend the county law, in relation to duties of the sheriff; to amend the town law, in relation to the duties of police officers and constables; to amend the social services law, in relation to services for exploited individuals, services for victims of human trafficking and the intera- gency task force on human trafficking; to amend the state finance law, in relation to establishing the victims of sexual exploitation fund; to amend the administrative code of the city of New York, the criminal procedure law, the family court act, the multiple dwelling law, the public health law, the real property law, the real property actions and proceedings law and the vehicle and traffic law, in relation to making conforming changes; and to repeal section 230.00 of the penal law relating to prostitution, section 230.03 of the penal law relating to prostitution in a school zone, section 230.07 relating to a defense against patronizing a person for prostitution, and subdi- vision 4 of section 170.30 of the criminal procedure law relating to a motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05060-01-3A. 3386 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 "sex trade 2 survivors justice and equality act". 3 § 2. Section 230.01 of the penal law, as amended by chapter 23 of the 4 laws of 2021, is amended to read as follows: 5 § 230.01 Prostitution; affirmative defense. 6 In any prosecution under [section 230.00, section 230.03,] section 7 230.19, section 230.20, subdivision [2] two of section 230.25, subdivi- 8 sion [2] two of section 230.30 or section 230.34-a of this article, it 9 is an affirmative defense that the defendant's participation in the 10 offense was a result of having been a victim of compelling prostitution 11 under section 230.33 of this article, a victim of sex trafficking under 12 section 230.34 of this article, a victim of sex trafficking of a child 13 under section 230.34-a of this article or a victim of trafficking in 14 persons under the trafficking victims protection act (United States 15 Code, Title 22, Chapter 78). 16 § 3. Section 230.02 of the penal law, as amended by chapter 627 of 17 laws of 1978, the section heading and subdivision 1 as amended by chap- 18 ter 368 of the laws of 2015, is amended to read as follows: 19 § 230.02 Patronizing a person for prostitution; definitions. 20 1. A person patronizes a person for prostitution when: 21 (a) Pursuant to a prior understanding, he or she pays a fee, or 22 anything of value, to another person as compensation for such person or 23 a third person having engaged in sexual conduct with him or her; or 24 (b) He or she pays or agrees to pay a fee, or anything of value, to 25 another person pursuant to an understanding that in return therefor such 26 person or a third person will engage in sexual conduct with him or her; 27 or 28 (c) He or she solicits or requests another person to engage in sexual 29 conduct with him or her in return for a fee, or anything of value. 30 2. As used in this article[,]: 31 (a) "person who is patronized" means the person with whom the defend- 32 ant engaged in sexual conduct or was to have engaged in sexual conduct 33 pursuant to the understanding, or the person who was solicited or 34 requested by the defendant to engage in sexual conduct; 35 (b) "prostitution" means the act of engaging in or agreeing to engage 36 in sexual conduct with another person in return for a fee or anything of 37 value that is given or received by a person. 38 § 4. Section 230.15 of the penal law, subdivisions 1 and 2 as amended 39 by chapter 368 of the laws of 2015, is amended to read as follows: 40 § 230.15 Promoting prostitution; definitions of terms. 41 The following definitions are applicable to this article: 42 1. "Advance prostitution." A person "advances prostitution" when, 43 acting other than as a person in prostitution [or as a patron thereof], 44 he or she knowingly causes or aids a person to commit or engage in pros- 45 titution, procures or solicits patrons for prostitution, provides 46 persons or premises for prostitution purposes, operates or assists in 47 the operation of a house of prostitution or a prostitution enterprise, 48 or engages in any other conduct designed to institute, aid or facilitate 49 an act or enterprise of prostitution. 50 2. "Profit from prostitution." A person "profits from prostitution" 51 when, acting other than as a person in prostitution receiving compen- 52 sation for personally rendered prostitution services, he or she accepts 53 or receives money or other property pursuant to an agreement or under-A. 3386 3 1 standing with any person whereby he or she participates or is to partic- 2 ipate in the proceeds of prostitution activity. 3 3. "Prostitution." "Prostitution" means the act of engaging in or 4 agreeing to engage in sexual conduct with another person in return for a 5 fee or anything of value that is given or received by a person. 6 § 5. Section 230.19 of the penal law, as added by chapter 191 of the 7 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of 8 2015, is amended to read as follows: 9 § 230.19 Promoting prostitution in a school zone. 10 1. A person is guilty of promoting prostitution in a school zone when, 11 being nineteen years old or more, he or she knowingly advances or 12 profits from prostitution that he or she knows or reasonably should know 13 is or will be committed [in violation of section 230.03 of this article] 14 in a school zone during the hours that school is in session. 15 2. For purposes of this section, "school zone" [shall mean "school16zone" as defined in subdivision two of section 230.03 of this article] 17 means (a) in or on or within any building, structure, athletic playing 18 field, playground or land contained within the real property boundary 19 line of a public or private elementary, parochial, intermediate, junior 20 high, vocational, or high school, or (b) any public sidewalk, street, 21 parking lot, park, playground or private land, located immediately adja- 22 cent to the boundary line of such school. 23 Promoting prostitution in a school zone is a class E felony. 24 § 6. Section 230.35 of the penal law, as amended by chapter 368 of the 25 laws of 2015, is amended to read as follows: 26 § 230.35 Promoting or compelling prostitution; accomplice. 27 In a prosecution for promoting prostitution or compelling prostitu- 28 tion, a person [less than eighteen years old] from whose prostitution 29 activity another person is alleged to have advanced or attempted to 30 advance or profited or attempted to profit shall not be deemed to be an 31 accomplice. 32 § 7. Subdivision 1 of section 80.05 of the penal law, as amended by 33 chapter 669 of the laws of 1984, is amended to read as follows: 34 1. Class A misdemeanor. A sentence to pay a fine for a class A misde- 35 meanor shall be a sentence to pay an amount, fixed by the court, not 36 exceeding one thousand dollars, provided, however, that a sentence 37 imposed for a violation of section 215.80 of this chapter may include a 38 fine in an amount equivalent to double the value of the property unlaw- 39 fully disposed of in the commission of the crime; provided however that 40 no sentence imposed by this section shall be imposed on any individual 41 sentenced under subdivision one of section 80.20 of this article. 42 § 8. The penal law is amended by adding a new section 80.20 to read as 43 follows: 44 § 80.20 Imposition of fines in relation to certain violations of article 45 230. 46 1. A person whose violation of section 230.04 of this chapter results 47 in a judicial disposition other than acquittal, adjournment in contem- 48 plation of dismissal or dismissal shall be required to pay a fine, as 49 fixed by the court based on the defendant's "net taxable income," as 50 defined in subdivision four of this section, which shall be determined 51 by the completion of a compulsory financial disclosure at the time of 52 sentencing. The fine shall be distributed to the victims of sexual 53 exploitation fund established by section ninety-seven-bbbb of the state 54 finance law. Notwithstanding any other provision of law, the penalty 55 imposed under this section shall be a substitute for any fines imposed 56 under subdivision one of section 80.05 of this article.A. 3386 4 1 2. After the completion of a compulsory financial disclosure, if it is 2 determined that a defendant is in a financial position to pay a fine, 3 such defendant shall pay a fine calculated as provided in this subdivi- 4 sion. Except for individuals who are determined to be unable to pay a 5 fine, the schedule of fines shall be as follows: 6 Amount of net taxable income: Schedule of Fines: 7 (a) Less than thirty thousand Fifty dollars 8 dollars 9 (b) Thirty thousand dollars or One hundred dollars 10 more, but less than fifty 11 thousand dollars 12 (c) Fifty thousand dollars or Two hundred dollars 13 more, but less than seventy-five 14 thousand dollars 15 (d) Seventy-five thousand dollars Three hundred dollars 16 or more, but less than one hundred 17 thousand dollars 18 (e) One hundred thousand dollars or Five hundred dollars 19 more, but less than one hundred fifty 20 thousand dollars 21 (f) One hundred fifty thousand Seven hundred dollars 22 dollars or more, but less than two 23 hundred thousand dollars 24 (g) Greater than two hundred One thousand dollars 25 thousand dollars 26 3. Notwithstanding any other provision of law, a person whose 27 violation of any offense enumerated under section 230.05, 230.06, 28 230.19, 230.20, 230.25, 230.30, 230.32, 230.33, 230.34, or 230.34-a of 29 this chapter that results in a judicial disposition other than acquit- 30 tal, adjournment in contemplation of dismissal or dismissal shall pay a 31 fine the sum of which will be calculated at the time of sentencing, on a 32 sliding scale, based on their net taxable income, which shall be deter- 33 mined by the completion of a compulsory financial disclosure. If it is 34 determined that such defendant is in a financial position to pay a 35 prescribed fine, such defendant shall pay a fine in one of the following 36 amounts to the court, to be distributed to the victims of sexual exploi- 37 tation fund established by section ninety-seven-bbbb of the state 38 finance law. 39 (a) A person convicted of a first offense shall pay a fine of not less 40 than one thousand dollars and not more than the maximum amount applica- 41 ble under section 80.00 of this article. 42 (b) A person convicted of a second offense shall pay a fine of not 43 less than five thousand dollars nor more than twenty-five thousand 44 dollars. 45 (c) A person convicted of a third or subsequent offense shall pay a 46 fine of not less than ten thousand dollars nor more than fifty thousand 47 dollars. 48 4. (a) If the defendant is assessed a fine or fee by the court but can 49 prove they will have financial difficulty paying the amount in one lump 50 sum an installment payment plan may be provided as described in this 51 subdivision. Any such installment payment plan shall include all fines, 52 fees and mandatory surcharges and shall consist of monthly payments that 53 do not exceed two percent of such person's monthly net taxable income or 54 ten dollars per month, whichever is greater. For the purpose of this 55 subdivision, the term "net taxable income" means a person's total income 56 from all sources and assets, minus deductions required by law includingA. 3386 5 1 but not limited to administrative or court-ordered garnishments and 2 support payments. A court or hearing officer may require the 3 submission of a financial disclosure report from all persons who opt to 4 enter into installment payment plans. A court or hearing officer also 5 may accept payments higher than the set amount, but may not undertake 6 additional collection activity so long as the person meets his or her 7 obligations under the installment payment plan. A court or hearing 8 officer may require a person entering installment payment plans to 9 appear periodically before such court or hearing officer, but no more 10 frequently than annually, to assess his or her financial circumstances, 11 and may set a new payment amount if such person's financial circum- 12 stances have changed. A person who enters into an installment payment 13 plan and experiences a reduction in net taxable income may petition the 14 court or hearing officer at any time to seek a reduction in the monthly 15 payment. 16 (b) The court or hearing officer shall have the discretion in the 17 interests of justice to reduce or waive the amount of any fine, fee or 18 mandatory surcharge assessed for a violation of any of the provisions of 19 this chapter. 20 5. Fines collected under this article shall be deposited into the 21 victims of sexual exploitation fund created by section ninety-seven-bbbb 22 of the state finance law and distributed in the following manner: 23 (a) subject to the availability of funds, fifty percent shall be 24 distributed by the office of victim services to make grants to victims 25 of sexual exploitation fund created by section ninety-seven-bbbb of the 26 state finance law. Subject to the availability of funds, the office of 27 victim services shall make grants to victims of sexual exploitation and 28 sex trafficking who do not otherwise qualify for funds from the crime 29 victims compensation fund. Such available funds may be used to remedy 30 personal injury, loss of essential personal property, medical and coun- 31 seling services, lost wages, savings, or lost support, transportation, 32 occupational/vocational rehabilitation, use of shelters by victims and 33 their children, housing and moving expenses and other costs and/or 34 expenses as the task force deems appropriate. 35 (b) the remaining fifty percent of such funds shall be allocated to 36 various jurisdictions and localities as the interagency task force on 37 human trafficking deems appropriate in order to: 38 (1) develop, expand or strengthen programs for victims of human traf- 39 ficking and sexual exploitation, including: 40 (i) health services, including mental health services; 41 (ii) temporary and permanent housing placement; 42 (iii) legal and immigration services; 43 (iv) employment placement, education and training; and 44 (v) safe harbour programs for sexually exploited children; 45 (2) ensure prevention of human trafficking and sexual exploitation, 46 including increasing public awareness; and/or 47 (3) ensure protection of victims of human trafficking and sexual 48 exploitation, including training of first responders. 49 § 9. Section 230.00 of the penal law is REPEALED. 50 § 10. Section 230.03 of the penal law is REPEALED. 51 § 11. Section 230.07 of the penal law is REPEALED. 52 § 12. Section 1.20 of the criminal procedure law is amended by adding 53 a new subdivision 46 to read as follows: 54 46. "Vacatur" of convictions under paragraph (i) of subdivision one of 55 section 440.10 of this chapter means, to dismiss the judgment, to 56 dismiss the accusatory instrument, and mark all records as vacated basedA. 3386 6 1 on the merits. The court shall make a copy of all official records and 2 papers available to the defendant. 3 § 13. The criminal procedure law is amended by adding a new section 4 440.46-b to read as follows: 5 § 440.46-b Motion for resentence; persons convicted of certain prostitu- 6 tion offenses. 7 1. When a person has been convicted, whether by trial verdict or guil- 8 ty plea, under former section 230.00, 230.03 or 240.37 of the penal law, 9 then the chief administrative judge of the state of New York shall, in 10 accordance with this section, automatically vacate, dismiss and expunge 11 such conviction in accordance with section 160.50 of this chapter, and 12 the office of court administration shall immediately notify the state 13 division of criminal justice services, state department of corrections 14 and community supervision and the appropriate local correctional facili- 15 ty which shall immediately effectuate the appropriate relief. Such 16 notification to the division of criminal justice services shall also 17 direct that such agency notify all relevant police and law enforcement 18 agencies of their duty to destroy and/or mark records related to such 19 case in accordance with section 160.50 of this chapter. Nothing in this 20 section shall prevent a person who believes his or her sentence is 21 required by this section to be vacated, dismissed and/or expunged from 22 filing a petition with the court to effectuate all appropriate relief. 23 2. (a) When a person has been convicted in this state, whether by 24 trial verdict or guilty plea, under former section 230.00, 230.03 or 25 240.37 of the penal law, then such person may petition the court of 26 conviction pursuant to this article for vacatur of such conviction. 27 (b) Upon receiving a served and filed motion under paragraph (a) of 28 this subdivision, the court shall presume the movant satisfies the 29 criteria in such paragraph (a) and shall grant the motion to vacate such 30 conviction unless the party opposing the motion proves, by clear and 31 convincing evidence, that the movant does not satisfy the criteria. If 32 the movant satisfies the criteria, the court shall grant the motion to 33 vacate the conviction if: (i) the conviction was by plea of guilty, on 34 grounds that such plea was not knowing, voluntary and intelligent owing 35 to ongoing consequences; and (ii) the conviction was by verdict or 36 otherwise, on grounds that such conviction and sentence constitutes 37 cruel and unusual punishment under the state constitution owing to such 38 ongoing consequences; and may, if the petition meets the criteria in 39 subparagraph (i) of this paragraph, after affording the parties an 40 opportunity to be heard and present evidence, substitute, unless it is 41 not in the interests of justice to do so, a conviction for an appropri- 42 ate lesser offense under article two hundred thirty of the penal law. 43 (c) In the event of any vacatur pursuant to this subdivision, the 44 office of court administration shall immediately notify the state divi- 45 sion of criminal justice services concerning such determination. Such 46 notification to the division of criminal justice services shall also 47 direct that such agency notify all relevant police and law enforcement 48 agencies of their duty to destroy and/or mark records related to such 49 case in accordance with section 160.50 of this chapter, and update such 50 agencies' records accordingly. 51 3. The chief administrator of the courts shall promulgate all neces- 52 sary rules and make available all necessary forms to enable the filing 53 of the petitions and applications provided in this section no later than 54 sixty days following the effective date of this section. All sentences 55 eligible for automatic vacatur, dismissal and expungement pursuant toA. 3386 7 1 subdivision one of this section shall be identified and the required 2 entities notified within one year of the effective date of this section. 3 § 14. Section 6512 of the education law is amended by adding a new 4 subdivision 3 to read as follows: 5 3. If the department conducts an investigation into acts alleged to be 6 the unauthorized practice of massage therapy under article one hundred 7 fifty-five of this chapter, the department shall consider whether or not 8 the individual who allegedly committed the acts did so as a result of 9 having been a victim of compelling prostitution under section 230.33, of 10 sex trafficking under section 230.34 or of sex trafficking of a child 11 under section 230.34-a of the penal law. In the event that the depart- 12 ment suspects that such individual has been the victim of one or more 13 such offenses, the department shall make an immediate referral of the 14 matter to local service providers, as defined by the Safe Harbour For 15 Exploited Children Act or by the office of children and family services. 16 If the department subsequently reports the matter to the attorney gener- 17 al with a request for prosecution, the department shall inform the 18 attorney general of such suspicions and referral. 19 § 15. The civil practice law and rules is amended by adding a new 20 section 4519-b to read as follows: 21 § 4519-b. Possession of reproductive or sexual health devices; receipt 22 into evidence. 1. Evidence that a person was in possession of a condom 23 or other reproductive or sexual health device may not be received in 24 evidence in any trial, hearing or proceeding in relation to any allega- 25 tion of a misdemeanor offense pursuant to subdivision one of section 26 twelve and article ten of the multiple dwelling law, sections twelve-a 27 and twenty-three hundred twenty of the public health law, section two 28 hundred thirty-one of the real property law or subdivision five of 29 section seven hundred eleven and section seven hundred fifteen of the 30 real property actions and proceedings law, or by any law, local law or 31 ordinance of a municipality or political subdivision of the state, or 32 any word, rule, or regulation of any governmental instrumentality 33 authorized by law to adopt the same as evidence of conduct which would 34 constitute an offense defined in article two hundred thirty of the penal 35 law. 36 2. "Reproductive or sexual health device" shall include, but shall not 37 be limited to, any contraceptive or other tool used to prevent unwanted 38 pregnancy or the transmission of HIV or other sexually transmitted 39 diseases, including but not limited to male condoms, female condoms, 40 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis 41 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods, 42 emergency contraception, diaphragm, cervical cap, or sponge. 43 § 16. Section 60.47 of the criminal procedure law, as amended by chap- 44 ter 23 of the laws of 2021, is amended to read as follows: 45 § 60.47 Possession of condoms or other reproductive or sexual health 46 device; receipt into evidence for allegations of misdemeanor 47 offenses. 48 1. Evidence that a person was in possession of one or more condoms or 49 other reproductive or sexual health device may not be admitted at any 50 trial, hearing, or other proceeding in a prosecution for [section51230.00] any misdemeanor offense, or an attempt to commit any misdemeanor 52 offense, defined in article two hundred thirty of the penal law, or 53 section sixty-five hundred twelve of the education law, or any law, 54 local law or ordinance of a municipality or political subdivision of 55 state, or any word, rule or regulation of any governmental instrumen- 56 tality authorized by law to adopt the same, for the purpose of estab-A. 3386 8 1 lishing probable cause for an arrest or proving any person's commission 2 or attempted commission of such offense. 3 2. "Reproductive or sexual health device" shall include, but shall not 4 be limited to, any contraceptive or other tool used to prevent unwanted 5 pregnancy or the transmission of HIV or other sexually transmitted 6 diseases, including but not limited to male condoms, female condoms, 7 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis 8 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods, 9 emergency contraception, diaphragm, cervical cap, or sponge. 10 § 17. Paragraph (c) of subdivision 1 of section 532-d of the executive 11 law, as amended by section 5 of part M of chapter 56 of the laws of 12 2017, is amended to read as follows: 13 (c) A homeless youth who entered a transitional independent living 14 program under the age of [twenty-one] twenty-four may continue to 15 receive shelter services in such program beyond the applicable period 16 authorized by paragraph (b) of this subdivision, if the municipality has 17 notified the office of children and family services in accordance with 18 clause (iv) of subparagraph three of paragraph a of subdivision two of 19 section four hundred twenty of this chapter; 20 § 18. Section 214-d of the executive law, as added by chapter 368 of 21 the laws of 2015, is amended to read as follows: 22 § 214-d. Human trafficking and sexual exploitation awareness. The 23 superintendent, in consultation with the office of temporary and disa- 24 bility assistance, the office of children and family services, and the 25 division of criminal justice services, shall: 26 [(1)] 1. (a) develop, maintain and disseminate to all members of the 27 state police, including new and veteran officers, written policies, 28 procedures and educational materials relating to human trafficking and 29 sexually exploited victims, including but not limited to, (i) services 30 available for victims of human trafficking and services available for 31 victims of sexual exploitation, as referenced in section four hundred 32 eighty-three-bb of the social services law, and title eight-A of article 33 six of the social services law; and (ii) education on the impact of the 34 trauma and emotional harm experienced by victims of human trafficking 35 and sexual exploitation; and 36 [(2)] (b) establish and implement trauma informed written procedures 37 and policies in the event a member of the division of state police 38 encounters an individual believed to be a victim of human trafficking, 39 or victim of sexual exploitation which shall include, but not be limited 40 to, the provision of information and/or referral to an appropriate 41 provider of social and legal services to human trafficking, or sexually 42 exploited victims[, in accordance with such section four hundred eight-43y-three-bb]; and 44 (c) establish and implement trauma informed written procedures and 45 policies in the event a member of the division of state police encount- 46 ers such victim, including the provision of information and referral to 47 the appropriate services. 48 2. In the development of such program, the commissioners, and super- 49 intendent of state police shall seek the recommendations of a broad 50 range of experts such as social service providers, certified and 51 licensed social workers, others with educational expertise in human 52 trafficking, sexual exploitation, intimate partner violence, sexual 53 assault, reproductive and sexual health care, and serving lesbian, gay, 54 bisexual, transgender and questioning individuals.A. 3386 9 1 3. The superintendent shall make available to all local law enforce- 2 ment all materials, trainings, and resources developed pursuant to this 3 chapter. 4 § 19. Section 650 of the county law is amended by adding a new subdi- 5 vision 3 to read as follows: 6 3. The sheriff, in any county with greater than one hundred thousand 7 residents according to the most recent census, shall, for all members of 8 the department: 9 (a) adopt, maintain, and disseminate written policies, and educational 10 materials, regarding human trafficking and sexual exploitation, includ- 11 ing, but not limited to: (i) services available for victims of human 12 trafficking or sexual exploitation; and (ii) education on the impact of 13 the trauma and emotional harm experienced by victims of human traffick- 14 ing and sexual exploitation; 15 (b) establish, and implement on an ongoing basis, a training program 16 for all current and new employees regarding the policies and procedures 17 established pursuant to this section; and 18 (c) establish and implement trauma informed written procedures and 19 policies in the event a member of the police department encounters such 20 victim, including the provision of information and referral to the 21 appropriate services. 22 § 20. Section 39 of the town law, as amended by chapter 476 of the 23 laws of 2018, is amended to read as follows: 24 § 39. Powers and duties of constables and town police officers. 1. 25 Constables and town police officers shall have all the power and author- 26 ity conferred upon constables by the general laws of the state and such 27 additional powers, not inconsistent with law, as shall be conferred upon 28 them by the town board. They shall be subject to the general authority 29 and direction of the town board and to such orders and regulations as 30 the town board may prescribe, not inconsistent with law. 31 2. The chief constable or police officer, in any town with greater 32 than one hundred thousand residents according to the most recent census, 33 shall, for all members of the department: 34 (a) adopt, maintain, and disseminate written policies, and educational 35 materials, regarding human trafficking and sexual exploitation, includ- 36 ing, but not limited to: 37 (i) services available for victims of human trafficking or sexual 38 exploitation; and 39 (ii) education on the impact of the trauma and emotional harm experi- 40 enced by victims of human trafficking and sexual exploitation; 41 (b) establish, and implement on an ongoing basis, a training program 42 for all current and new employees regarding the policies and procedures 43 established pursuant to this section; and 44 (c) establish and implement trauma informed written procedures and 45 policies in the event a member of the police department encounters such 46 victim, including the provision of information and referral to the 47 appropriate services. 48 § 21. Section 841 of the executive law is amended by adding a new 49 subdivision 7-c to read as follows: 50 7-c. Take such steps as may be necessary to ensure that all police 51 officers and peace officers certified pursuant to subdivision three of 52 this section receive appropriate instruction regarding the evidentiary 53 prohibition set forth in section 60.47 of the criminal procedure law and 54 section forty-five hundred nineteen-b of the civil practice law and 55 rules relating to the use of condoms and other reproductive or sexual 56 health devices as evidence in certain misdemeanor trials, hearings orA. 3386 10 1 proceedings, or as a basis for probable cause for arrest, including that 2 unauthorized seizure or confiscation of condoms and other reproductive 3 or sexual health devices as a breach of public policy; 4 § 22. Section 447-a of the social services law, as added by chapter 5 569 of the laws of 2008, subdivision 1 as amended by chapter 189 of the 6 laws of 2018, paragraphs (c) and (d) of subdivision 1 as amended by 7 chapter 23 of the laws of 2021, subdivision 2 as amended by section 8 of 8 part M of chapter 56 of the laws of 2017, and subdivisions 4 and 5 as 9 amended by section 1 of part G of chapter 58 of the laws of 2010, is 10 amended to read as follows: 11 § 447-a. Definitions. As used in this title: 12 1. The term "sexually exploited [child] individual" means any person 13 under the age of [eighteen] twenty-four at the time of identification 14 who has been subject to sexual exploitation because he or she: 15 (a) is the victim of the crime of sex trafficking as defined in 16 section 230.34 of the penal law or the crime of sex trafficking of [a17child] an individual as defined in section 230.34-a of the penal law; or 18 (b) [engages in any act as defined in section 230.00 of the penal law;19(c)] is a victim of the crime of compelling prostitution as defined in 20 section 230.33 of the penal law[;21(d) engages in acts or conduct described in article two hundred22sixty-three of the penal law]. 23 2. The term "short-term safe house" means a residential facility oper- 24 ated by an authorized agency as defined in subdivision ten of section 25 three hundred seventy-one of this article including a residential facil- 26 ity operating as part of a runaway and homeless youth crisis services 27 program as defined in subdivision four of section five hundred thirty- 28 two-a of the executive law or a not-for-profit agency with experience in 29 providing services to sexually exploited youth and approved in accord- 30 ance with the regulations of the office of children and family services 31 that provides emergency shelter, services and care to sexually exploited 32 [children] individuals including food, shelter, clothing, medical care, 33 counseling and appropriate crisis intervention services at the time they 34 are taken into custody by law enforcement and for the duration of any 35 legal proceeding or proceedings in which they are either the complaining 36 witness or the subject [child] individual. The short-term safe house 37 shall also be available at the point in time that [a child] an individ- 38 ual under the age of [eighteen] twenty-four has first come into the 39 custody of juvenile detention officials, law enforcement, local jails or 40 the local commissioner of social services or is residing with the local 41 runaway and homeless youth authority. 42 3. The term "advocate" means an employee of the short-term safe house 43 defined in subdivision two of this section that has been trained to work 44 with and advocate for the needs of sexually exploited [children] indi- 45 viduals. The advocate shall accompany the [child] individual to all 46 court appearances and will serve as a liaison between the short-term 47 safe house and the court. 48 4. The term "safe house" means a residential facility operated by an 49 authorized agency as defined in subdivision ten of section three hundred 50 seventy-one of this article including a residential facility operating 51 as part of an approved runaway program as defined in subdivision four of 52 section five hundred thirty-two-a of the executive law or a not-for-pro- 53 fit agency with experience in providing services to sexually exploited 54 youth and approved in accordance with the regulations of the office of 55 children and family services that provides shelter for sexually 56 exploited [children] individuals. In addition, a long-term safe houseA. 3386 11 1 may be operated by a transitional independent living support program as 2 defined in subdivision six of section five hundred thirty-two-a of the 3 executive law. A safe house serving sexually exploited [children] indi- 4 viduals as defined in this title shall provide or assist in securing 5 necessary services for such sexually exploited [children] individuals 6 either through direct provision of services, or through written agree- 7 ments with other community and public agencies for the provision of 8 services including but not limited to housing, assessment, case manage- 9 ment, medical care, legal, mental health and substance and alcohol abuse 10 services. Where appropriate such safe house in accordance with a service 11 plan for such sexually exploited [child] individual may also provide 12 counseling and therapeutic services, educational services including life 13 skills services and planning services to successfully transition resi- 14 dents back to the community. Nothing in the provisions of this title or 15 article nineteen-H of the executive law shall prevent [a child] an indi- 16 vidual who is the subject of a proceeding which has not reached final 17 disposition from residing at the safe house for the duration of that 18 proceeding nor shall it prevent any sexually exploited [child] individ- 19 ual who is not the subject of a proceeding from residing at the safe 20 house. [An] For individuals under the age of eighteen, an advocate 21 employed by a short-term safe house or other appropriate staff of a 22 short-term safe house shall, to the maximum extent possible, preferably 23 within twenty-four hours but within no more than seventy-two hours 24 following a sexually exploited [child's] individual's admission into the 25 program other than pursuant to a court order, notify such [child's] 26 individual's parent, guardian or custodian of his or her physical and 27 emotional condition and the circumstances surrounding the [child's] 28 individual's presence at the program, unless there are compelling 29 circumstances why the parent, guardian or custodian should not be so 30 notified. Where such circumstances exist, the advocate or other appro- 31 priate staff member shall either file an appropriate petition in the 32 family court, refer the youth to the local social services district, or 33 in instances where abuse or neglect is suspected, report such case 34 pursuant to title six of this article. 35 5. The term "community-based program" means a program operated by a 36 not-for-profit organization that provides services such as street 37 outreach, voluntary drop-in services, peer counseling, individual coun- 38 seling, family-therapy and referrals for services such as educational 39 and vocational training and health care. Any such community-based 40 program may also work with the safe house serving sexually exploited 41 [children] individuals as defined in this title to provide transitional 42 services to such [children] individuals returning to the community. 43 § 23. Section 447-b of the social services law, as added by chapter 44 569 of the laws of 2008, subdivisions 1, 2, 3, 5 and 6 as amended by 45 section 2 of part G of chapter 58 of the laws of 2010, is amended to 46 read as follows: 47 § 447-b. Services for exploited [children] individuals. 1. Notwith- 48 standing any inconsistent provision of law, pursuant to regulations of 49 the office of children and family services, every local social services 50 district shall as a component of the district's multi-year consolidated 51 services child welfare services plan address the [child] welfare 52 services needs of sexually exploited [children] individuals and to the 53 extent that funds are available specifically therefor ensure that a 54 short-term safe house or another short-term safe placement such as an 55 approved runaway and homeless youth program, approved respite or crisis 56 program providing crisis intervention or respite services or community-A. 3386 12 1 based program to serve sexually exploited [children] individuals is 2 available to [children] individuals residing in such district. Nothing 3 in this section shall prohibit a local social services district from 4 utilizing existing respite or crisis intervention services already oper- 5 ated by such social services district or homeless youth programs or 6 services for victims of human trafficking pursuant to article ten-D of 7 this chapter so long as the staff members have received appropriate 8 training approved by the office of children and family services regard- 9 ing sexually exploited [children] individuals and the existing programs 10 and facilities provide a safe, secure and appropriate environment for 11 sexually exploited [children] individuals. Crisis intervention 12 services, short-term safe house care and community-based programming 13 may, where appropriate, be provided by the same not-for-profit agency. 14 Local social services districts may work cooperatively to provide such 15 short-term safe house or other short-term safe placement, services and 16 programming and access to such placement, services and programming may 17 be provided on a regional basis, provided, however, that every local 18 social services district shall to the extent that funds are available 19 ensure that such placement, services and programs shall be readily 20 accessible to sexually exploited [children] individuals residing within 21 the district. 22 2. All of the services created under this title may, to the extent 23 possible provided by law, be available to all sexually exploited [chil-24dren] individuals whether they are accessed voluntarily, as a condition 25 of an adjournment in contemplation of dismissal issued in criminal 26 court, through the diversion services created under section seven 27 hundred thirty-five of the family court act, through a proceeding under 28 article three of the family court act, a proceeding under article ten of 29 the family court act or through a referral from a local social services 30 agency. 31 3. The capacity of the crisis intervention services and community- 32 based programs in subdivision one of this section shall be based on the 33 number of sexually exploited [children] individuals in each district who 34 are in need of such services. A determination of such need shall be made 35 in two thousand ten and every five years thereafter in every social 36 services district by the local commissioner of social services and be 37 included in the integrated county plan. Such determination shall be made 38 in consultation with local law enforcement, runaway and homeless youth 39 program providers, local probation departments, local social services 40 commissioners, the runaway and homeless youth coordinator for the local 41 social services district, local law guardians, presentment agencies, 42 public defenders and district attorney's offices and child advocates and 43 services providers who work directly with sexually exploited youth. 44 4. In determining the need for and capacity of the services created 45 under this section, each local social services district shall recognize 46 that sexually exploited youth have separate and distinct service needs 47 according to gender and, where a local social services district deter- 48 mines that the need exists, to the extent that funds are available, 49 appropriate programming shall be made available. 50 5. To the extent funds are specifically appropriated therefor, the 51 office of children and family services shall contract with an appropri- 52 ate not-for-profit agency with experience working with sexually 53 exploited [children] individuals to operate at least one long-term safe 54 house in a geographically appropriate area of the state which shall 55 provide safe and secure long term housing and specialized services for 56 sexually exploited [children] individuals throughout the state. TheA. 3386 13 1 appropriateness of the geographic location shall be determined taking 2 into account the areas of the state with high numbers of sexually 3 exploited [children] individuals and the need for sexually exploited 4 [children] individuals to find shelter and long term placement in a 5 region that cannot be readily accessed by the perpetrators of sexual 6 exploitation. The need for more than one long-term safe house shall be 7 determined by the office of children and family services based on the 8 numbers and geographical location of sexually exploited [children] indi- 9 viduals within the state. Nothing herein shall be construed to preclude 10 an agency from applying for and accepting grants, gifts and bequests of 11 funds from private individuals, foundations and the federal government 12 for the purpose of creating or carrying out the duties of a long-term 13 safe house. 14 6. The local social services commissioner may, to the extent that 15 funds are available, in conjunction with the division of criminal 16 justice services and local law enforcement officials, contract with an 17 appropriate not-for-profit agency with experience working with sexually 18 exploited [children] individuals to train law enforcement officials who 19 are likely to encounter sexually exploited [children] individuals in the 20 course of their law enforcement duties on the provisions of this section 21 and how to identify and obtain appropriate services for sexually 22 exploited [children] individuals. Local social services districts may 23 work cooperatively to provide such training and such training may be 24 provided on a regional basis. The division of criminal justice services 25 shall assist local social services districts in obtaining any available 26 funds for the purposes of conducting law enforcement training from the 27 federal justice department and the office of juvenile justice and delin- 28 quency prevention. 29 § 24. Subdivision (a) of section 483-aa of the social services law, as 30 added by chapter 74 of the laws of 2007, is amended to read as follows: 31 (a) "Human trafficking victim" means a person who is a victim of sex 32 trafficking as defined in section 230.34 of the penal law or a victim of 33 labor trafficking as defined in section 135.35 of the penal law or, 34 where a commercial sex act is induced by force, fraud, or coercion, or 35 in which the person induced to perform such act has not attained eigh- 36 teen years of age, or as defined under section 12 of 22 U.S. Code § 7102 37 - Sex Trafficking. ("sex trafficking" means the recruitment, harboring, 38 transportation, provision, obtaining, patronizing, or soliciting of a 39 person for the purpose of a commercial sex act). 40 § 25. Subdivision (a) of section 483-bb of the social services law, as 41 added by chapter 74 of the laws of 2007, is amended and a new subdivi- 42 sion (d) is added to read as follows: 43 (a) The office of temporary and disability assistance [may] shall 44 coordinate with and assist law enforcement agencies and district attor- 45 ney's offices to access appropriate services for human trafficking 46 victims. 47 (d) Annually the provision of such services shall be reviewed and 48 evaluated to ensure that victims of human trafficking are able to access 49 and to utilize such services in an appropriate and helpful manner by the 50 interagency task force on human trafficking created in section four 51 hundred eighty-three-aa of this article. If the task force determines 52 that the services prescribed herein are not appropriate, not being 53 accessed or utilized the task force shall determine protocols to ensure 54 that such services are more accessible and are more readily available. 55 § 26. Section 483-ee of the social services law, as amended by chapter 56 413 of the laws of 2016, is amended to read as follows:A. 3386 14 1 § 483-ee. Establishment of interagency task force on human traffick- 2 ing. (a) There is established an interagency task force on trafficking 3 in persons, which shall consist of the following members or their desig- 4 nees: (1) the commissioner of the division of criminal justice services; 5 (2) the commissioner of the office of temporary and disability assist- 6 ance; (3) the commissioner of health; (4) the commissioner of the office 7 of mental health; (5) the commissioner of labor; (6) the commissioner of 8 the office of children and family services; (7) the commissioner of the 9 office of [alcoholism and substance abuse services] addiction services 10 and supports; (8) the director of the office of victim services; (9) the 11 executive director of the office for the prevention of domestic 12 violence; and (10) the superintendent of the division of state police; 13 and the following additional members, who shall be promptly appointed by 14 the governor, each for a term of two years, provided that such person's 15 membership shall continue after such two year term until a successor is 16 appointed and provided, further, that a member may be reappointed if 17 again recommended in the manner specified in this subdivision: (11) two 18 members, who shall be appointed on the recommendation of the temporary 19 president of the senate; (12) two members, who shall be appointed on the 20 recommendation of the speaker of the assembly; (13) two members, who 21 shall be appointed on the recommendation of the not-for-profit organiza- 22 tion in New York state that receives the largest share of funds, appro- 23 priated by and through the state budget, for providing services to 24 victims of human trafficking, as shall be identified annually in writing 25 by the director of the budget; and (14) one member, who shall be 26 appointed on the recommendation of the president of the New York state 27 bar association; and others as may be necessary to carry out the duties 28 and responsibilities under this section. An effort shall be made to 29 include representatives from the following groups of people: survivors 30 of human trafficking, survivors of sexual exploitation, service provid- 31 ers from various geographic areas of the state, representatives of 32 women's rights organizations, representatives of the lesbian gay bisexu- 33 al transgender and queer populations and representatives from various 34 ethnic demographics across New York state. The task force will be 35 co-chaired by the commissioners of the division of criminal justice 36 services and the office of temporary and disability assistance, or their 37 designees. It shall meet as often as is necessary, but no less than 38 three times per year, and under circumstances as are appropriate to 39 fulfilling its duties under this section. All members shall be provided 40 with written notice reasonably in advance of each meeting with date, 41 time and location of such meeting. 42 (b) The task force shall: (1) collect and organize data on the nature 43 and extent of crimes related to trafficking and sexual exploitation of 44 persons in the state; (2) identify available federal, state and local 45 programs that provide services to victims of trafficking, including but 46 not limited to case management, housing, health care, mental health 47 counseling, drug addiction screening and treatment, language interpreta- 48 tion and translation services, English language instruction, job train- 49 ing and placement assistance, post-employment services for job 50 retention, and services to assist the individual and any of his or her 51 family members to establish a permanent residence in New York state or 52 the United States; (3) consult with governmental and non-governmental 53 organizations in developing recommendations to strengthen state and 54 local efforts to prevent trafficking, protect and assist victims of 55 trafficking and prosecute traffickers; (4) establish interagency proto- 56 cols and collaboration between federal, state, and local law enforce-A. 3386 15 1 ment, state and governmental agencies, child welfare agencies, and non- 2 governmental organizations; (5) evaluate approaches to increase public 3 awareness about trafficking and make recommendations on such approaches; 4 (6) evaluate the effectiveness of training programs on human trafficking 5 that have been designed for law enforcement personnel, criminal defense 6 attorneys, social service providers and non-governmental organizations, 7 and make recommendations for improving the quality and effectiveness of 8 such programs, as well as ensure that said training is occurring on an 9 annual basis; (7) measure and evaluate the progress of the state in 10 preventing trafficking, protecting and providing assistance to victims 11 of trafficking, and prosecuting persons engaged in trafficking; and (8) 12 convene any subcommittee necessary, provided such subcommittee has at 13 least one of the members appointed by the speaker of the assembly, 14 temporary president of the senate or governor, to consider specific 15 issues, including, but not limited to: federal, state and/or local coop- 16 eration; juveniles and human trafficking; the importance of training and 17 who should receive such training; how data is compiled and shared; and 18 services for and treatment of domestic versus foreign born victims. 19 (c) The task force shall report to the governor, the speaker of the 20 assembly, the minority leader of the assembly, the temporary president 21 of the senate and the minority leader of the senate no less than annual- 22 ly, and it shall additionally issue such reports and recommendations as 23 it deems necessary to carry out its duties and responsibilities. 24 (d) The task force shall work with the state education department to 25 create and implement additional sexual education for students in second- 26 ary school that includes information as it relates to prostitution, its 27 inherent violence and impact on public and individual health. 28 § 27. The state finance law is amended by adding a new section 97-bbbb 29 to read as follows: 30 § 97-bbbb. Victims of sexual exploitation fund. 1. There is estab- 31 lished in the joint custody of the state comptroller and the commission- 32 er of the department of taxation and finance a fund to be known as the 33 "victims of sexual exploitation fund". 34 2. The victims of sexual exploitation fund shall consist of monies 35 received by the state pursuant to section 80.20 of the penal law and all 36 other fees, fines, grants, bequests or other monies credited, appropri- 37 ated or transferred thereto from any other fund or source. 38 3. Monies of the victims of sexual exploitation fund, following appro- 39 priation by the legislature and allocation by the director of the budget 40 shall be made available for grants to victims and local assistance 41 services and expenses of programs to provide services to victims of 42 sexual exploitation as determined by the office of victim services and 43 the interagency task force on human trafficking. 44 § 28. Subdivision a of section 3-118 of the administrative code of the 45 city of New York, as amended by chapter 189 of the laws of 2018, the 46 third undesignated paragraph as amended by chapter 23 of the laws of 47 2021, is amended to read as follows: 48 a. For the purposes of this section, the following terms have the 49 following meanings: 50 Homeless youth. The term "homeless youth" means persons under the age 51 of [21] 24 who are in need of services and are without a place of shel- 52 ter where supervision and care are available. 53 Sexually exploited youth. The term "sexually exploited youth" means 54 persons under the age of 18 who have been subject to sexual exploitation 55 because they (a) are the victim of the crime of sex trafficking as 56 defined in section 230.34 of the penal law; (b) engage in any act asA. 3386 16 1 defined in former section 230.00 of the penal law; (c) are a victim of 2 the crime of compelling prostitution as defined in section 230.33 of the 3 penal law; (d) are a victim of the crime of sex trafficking of a child 4 as defined in section 230.34-a of the penal law; or (e) engage in acts 5 or conduct described in article two hundred sixty-three of the penal 6 law. The term shall also mean persons under the age of 18 who have been 7 subject to incest in the third degree, second degree or first degree, as 8 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec- 9 tively, or any of the sex offenses enumerated in article one hundred 10 thirty of the penal law. 11 § 29. Subdivision 4 of section 170.30 of the criminal procedure law is 12 REPEALED. 13 § 30. Section 60.42 of the criminal procedure law, as amended by 14 section 1 of part R of chapter 55 of the laws of 2019, is amended to 15 read as follows: 16 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual 17 conduct in sex offense cases. 18 Evidence of a victim's sexual conduct shall not be admissible in a 19 prosecution for an offense or an attempt to commit an offense defined in 20 article one hundred thirty or in section 230.34 of the penal law unless 21 such evidence: 22 1. proves or tends to prove specific instances of the victim's prior 23 sexual conduct with the accused; or 24 2. [proves or tends to prove that the victim has been convicted of an25offense under section 230.00 of the penal law within three years prior26to the sex offense which is the subject of the prosecution; or273.] rebuts evidence introduced by the people of the victim's failure 28 to engage in sexual intercourse, oral sexual conduct, anal sexual 29 conduct or sexual contact during a given period of time; or 30 [4.] 3. rebuts evidence introduced by the people which proves or tends 31 to prove that the accused is the cause of pregnancy or disease of the 32 victim, or the source of semen found in the victim; or 33 [5.] 4. is determined by the court after an offer of proof by the 34 accused outside the hearing of the jury, or such hearing as the court 35 may require, and a statement by the court of its findings of fact essen- 36 tial to its determination, to be relevant and admissible in the inter- 37 ests of justice. 38 § 31. The opening paragraph of subdivision 1 of section 170.80 of the 39 criminal procedure law, as amended by chapter 23 of the laws of 2021, is 40 amended to read as follows: 41 Notwithstanding any other provision of law, at any time at or after 42 arraignment on a charge of prostitution pursuant to former section 43 230.00 of the penal law, after consultation with counsel, a knowing and 44 voluntary plea of guilty has been entered to such charge, any judge or 45 justice hearing any stage of such case may, upon consent of the defend- 46 ant after consultation with counsel: 47 § 32. Subdivision 2 of section 420.35 of the criminal procedure law, 48 as amended by chapter 23 of the laws of 2021, is amended to read as 49 follows: 50 2. Except as provided in this subdivision or subdivision two-a of this 51 section, under no circumstances shall the mandatory surcharge, sex 52 offender registration fee, DNA databank fee or the crime victim assist- 53 ance fee be waived. A court shall waive any mandatory surcharge, DNA 54 databank fee and crime victim assistance fee when: (i) the defendant is 55 convicted of prostitution under former section 230.00 of the penal law; 56 (ii) the defendant is convicted of a violation in the event suchA. 3386 17 1 conviction is in lieu of a plea to or conviction for prostitution under 2 former section 230.00 of the penal law; (iii) the court finds that a 3 defendant is a victim of sex trafficking under section 230.34 of the 4 penal law or a victim of trafficking in persons under the trafficking 5 victims protection act (United States Code, Title 22, Chapter 78); or 6 (iv) the court finds that the defendant is a victim of sex trafficking 7 of a child under section 230.34-a of the penal law. 8 § 33. Subdivision 4 of section 720.15 of the criminal procedure law, 9 as amended by chapter 23 of the laws of 2021, is amended to read as 10 follows: 11 4. Notwithstanding any provision in this article, a person charged 12 with prostitution as defined in former section 230.00 of the penal law 13 regardless of whether such person (i) had prior to commencement of trial 14 or entry of a plea of guilty been convicted of a crime or found a youth- 15 ful offender, or (ii) subsequent to such conviction for prostitution is 16 convicted of a crime or found a youthful offender, the provisions of 17 subdivisions one and two of this section requiring or authorizing the 18 accusatory instrument filed against a youth to be sealed, and the 19 arraignment and all proceedings in the action to be conducted in private 20 shall apply. 21 § 34. Subdivision 1 of section 720.35 of the criminal procedure law, 22 as amended by chapter 23 of the laws of 2021, is amended to read as 23 follows: 24 1. A youthful offender adjudication is not a judgment of conviction 25 for a crime or any other offense, and does not operate as a disquali- 26 fication of any person so adjudged to hold public office or public 27 employment or to receive any license granted by public authority but 28 shall be deemed a conviction only for the purposes of transfer of super- 29 vision and custody pursuant to section two hundred fifty-nine-m of the 30 executive law. A defendant for whom a youthful offender adjudication was 31 substituted, who was originally charged with prostitution as defined in 32 former section 230.00 of the penal law, shall be deemed a "sexually 33 exploited [child] individual" as defined in subdivision one of section 34 four hundred forty-seven-a of the social services law and therefore 35 shall not be considered an adult for purposes related to the charges in 36 the youthful offender proceeding or a proceeding under section 170.80 of 37 this chapter. 38 § 35. Paragraph (d) of subdivision 4 of section 305.2 of the family 39 court act, as added by section 3 of part G of chapter 58 of the laws of 40 2010, is amended to read as follows: 41 (d) take the child who such officer has decided to take into custody 42 in accordance with this section [or section 305.1 of this part for43violating the provisions of section 230.00 of the penal law,] to an 44 available short-term safe house as defined in subdivision two of section 45 four hundred forty-seven-a of the social services law; or 46 § 36. Section 344.4 of the family court act, as added by chapter 761 47 of the laws of 1987, subdivision 3 as amended by chapter 264 of the laws 48 of 2003, is amended to read as follows: 49 § 344.4. Rules of evidence; admissibility of evidence of victim's 50 sexual conduct in sex offense cases. Evidence of a victim's sexual 51 conduct shall not be admissible in a juvenile delinquency proceeding for 52 a crime or an attempt to commit a crime defined in article one hundred 53 thirty of the penal law unless such evidence: 54 1. proves or tends to prove specific instances of the victim's prior 55 sexual conduct with the accused; orA. 3386 18 1 2. [proves or tends to prove that the victim has been convicted of an2offense under section 230.00 of the penal law within three years prior3to the sex offense which is the subject of the juvenile delinquency4proceeding; or53.] rebuts evidence introduced by the presentment agency of the 6 victim's failure to engage in sexual intercourse, oral sexual conduct, 7 anal sexual conduct or sexual contact during a given period of time; or 8 [4.] 3. rebuts evidence introduced by the presentment agency which 9 proves or tends to prove that the accused is the cause of pregnancy or 10 disease of the victim, or the source of semen found in the victim; or 11 [5.] 4. is determined by the court after an offer of proof by the 12 accused, or such hearing as the court may require, and a statement by 13 the court of its findings of fact essential to its determination, to be 14 relevant and admissible in the interests of justice. 15 § 37. Subdivision (a) of section 712 of the family court act, as sepa- 16 rately amended by chapters 92 and 97 of the laws of 2021, is amended to 17 read as follows: 18 (a) "Person in need of supervision". A person less than eighteen years 19 of age: (i) who does not attend school in accordance with the provisions 20 of part one of article sixty-five of the education law; (ii) who is 21 ungovernable or habitually disobedient and beyond the lawful control of 22 a parent or other person legally responsible for such child's care, or 23 other lawful authority; (iii) who violates the provisions of former 24 section 230.00 of the penal law; (iv) or who appears to be a sexually 25 exploited [child] individual as defined in paragraph (a)[, (c)] or [(d)] 26 (b) of subdivision one of section four hundred forty-seven-a of the 27 social services law, but only if the child consents to the filing of a 28 petition under this article. 29 § 38. Subdivision 2 of section 353 of the multiple dwelling law, as 30 amended by chapter 680 of the laws of 1967, is amended to read as 31 follows: 32 2. If there be two or more convictions in such dwelling within a peri- 33 od of six months, under [sections 230.00,] section 230.25[,] or 230.40 34 of the penal law. 35 § 39. Section 2324-a of the public health law, as amended by chapter 36 189 of the laws of 2018, is amended to read as follows: 37 § 2324-a. Presumptive evidence. For the purposes of this title, two or 38 more convictions of any person or persons had, within a period of one 39 year, for any of the offenses described in section [230.00,] 230.05, 40 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 41 or 230.34-a of the penal law arising out of conduct engaged in at the 42 same real property consisting of a dwelling as that term is defined in 43 subdivision four of section four of the multiple dwelling law shall be 44 presumptive evidence of conduct constituting use of the premises for 45 purposes of prostitution. 46 § 40. Subdivision 3 of section 231 of the real property law, as 47 amended by chapter 368 of the laws of 2015, is amended to read as 48 follows: 49 3. For the purposes of this section, two or more convictions of any 50 person or persons had, within a period of one year, for any of the 51 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 52 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris- 53 ing out of conduct engaged in at the same premises consisting of a 54 dwelling as that term is defined in subdivision four of section four of 55 the multiple dwelling law shall be presumptive evidence of unlawful use 56 of such premises and of the owners knowledge of the same.A. 3386 19 1 § 41. Subdivision 2 of section 715 of the real property actions and 2 proceedings law, as amended by chapter 368 of the laws of 2015, is 3 amended to read as follows: 4 2. For purposes of this section, two or more convictions of any person 5 or persons had, within a period of one year, for any of the offenses 6 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13, 7 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of 8 conduct engaged in at the same real property consisting of a dwelling as 9 that term is defined in subdivision four of section four of the multiple 10 dwelling law shall be presumptive evidence of conduct constituting use 11 of the premises for purposes of prostitution. 12 § 42. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 13 and traffic law, as amended by chapter 92 of the laws of 2021, is 14 amended to read as follows: 15 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 16 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 17 of this section that result in disqualification for a period of five 18 years shall include a conviction under sections 100.10, 105.13, 115.05, 19 former sections 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 20 121.12, 121.13, 125.40[,] and 125.45, sections 130.20, 130.25, 130.52, 21 130.55, 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 22 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 23 subdivision two of section 222.50, subdivision two of section 222.55, 24 former section 230.00, sections 230.05, 230.06, 230.11, 230.12, 230.13, 25 230.19, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, 26 subdivision two of section 260.20 and sections 260.25, 265.02, 265.03, 27 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to 28 commit any of the aforesaid offenses under section 110.00 of the penal 29 law, or any similar offenses committed under a former section of the 30 penal law, or any offenses committed under a former section of the penal 31 law which would constitute violations of the aforesaid sections of the 32 penal law, or any offenses committed outside this state which would 33 constitute violations of the aforesaid sections of the penal law. 34 § 43. Severability. If any provision or term of this act is for any 35 reason declared unconstitutional or invalid or ineffective by any compe- 36 tent jurisdiction, such decision shall not affect the validity of the 37 effectiveness of the remaining portions of this act or any part thereof. 38 § 44. This act shall take effect on the sixtieth day after it shall 39 have become a law; provided that the amendments to section 483-ee of the 40 social services law made by section twenty-six of this act shall not 41 affect the repeal of such section and shall be deemed repealed there- 42 with. Effective immediately the addition, amendment and/or repeal of 43 any rule or regulation necessary for the implementation of this act on 44 its effective date are authorized to be made and completed on or before 45 such date.
