STATE OF NEW YORK
________________________________________________________________________
6823--C
2017-2018 Regular Sessions
IN ASSEMBLY
March 21, 2017
___________
Introduced by M. of A. PAULIN, DINOWITZ, BARRETT, BLAKE, COLTON,
GUNTHER, PALMESANO, JAFFEE, MOSLEY, JOYNER, HUNTER, L. ROSENTHAL,
JEAN-PIERRE, SIMON, BRAUNSTEIN, WEPRIN, LAVINE, MONTESANO, D'URSO,
DE LA ROSA, BARRON, ENGLEBRIGHT, GOTTFRIED, WALKER, PICHARDO, HOOPER,
STECK, ORTIZ, ABINANTI, BICHOTTE, STIRPE, COOK, LUPARDO, THIELE,
RIVERA, WRIGHT, VANEL, D. ROSENTHAL, WALLACE, MAGNARELLI, ZEBROWSKI,
GALEF, RODRIGUEZ, MORINELLO, BRINDISI, SEAWRIGHT, SKOUFIS, TITONE,
ABBATE, TAYLOR, JENNE, WILLIAMS, TITUS, FAHY, DICKENS, ARROYO, SIMO-
TAS, PELLEGRINO, PERRY, RA, NIOU, CURRAN, CARROLL, WOERNER, OTIS,
FERNANDEZ, EPSTEIN, PEOPLES-STOKES, HYNDMAN, ERRIGO, RAIA, PRETLOW,
BARNWELL -- Multi-Sponsored by -- M. of A. CRESPO -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Codes in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to establishing the crime of
sex trafficking of a child and in relation to promoting prostitution;
to amend the penal law, the correction law, the criminal procedure
law, the social services law, the vehicle and traffic law, the admin-
istrative code of the city of New York, the family court act, the
mental hygiene law, the public health law, the executive law, and the
general business law, in relation to making technical corrections
concerning sex trafficking of a child and promoting prostitution
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 230.34-a
2 to read as follows:
3 § 230.34-a Sex trafficking of a child.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09066-14-8
A. 6823--C 2
1 1. A person is guilty of sex trafficking of a child when he or she,
2 being twenty-one years old or more, intentionally advances or profits
3 from prostitution of another person and such person is a child less than
4 eighteen years old. Knowledge by the defendant of the age of such child
5 is not an element of this offense and it is not a defense to a prose-
6 cution therefor that the defendant did not know the age of the child or
7 believed such age to be eighteen or over.
8 2. For purposes of this section:
9 (a) A person "advances prostitution" when, acting other than as a
10 person in prostitution or as a patron thereof, and with intent to cause
11 prostitution, he or she directly engages in conduct that facilitates an
12 act or enterprise of prostitution.
13 (b) A person "profits from prostitution" when, acting other than as a
14 person in prostitution receiving compensation for personally rendered
15 prostitution services, and with intent to facilitate prostitution, he or
16 she accepts or receives money or other property pursuant to an agreement
17 or understanding with any person whereby he or she participates in the
18 proceeds of prostitution activity.
19 Sex trafficking of a child is a class B felony.
20 § 2. Section 230.01 of the penal law, as amended by chapter 368 of the
21 laws of 2015, is amended to read as follows:
22 § 230.01 Prostitution; affirmative defense.
23 In any prosecution under section 230.00, section 230.03, section
24 230.19, 230.20, subdivision 2 of section 230.25, subdivision 2 of
25 section 230.30, section 230.34-a or subdivision two of section 240.37 of
26 this part, it is an affirmative defense that the defendant's partic-
27 ipation in the offense was a result of having been a victim of compel-
28 ling prostitution under section 230.33, a victim of sex trafficking
29 under section 230.34 of this article, a victim of sex trafficking of a
30 child under section 230.34-a of this article or a victim of trafficking
31 in persons under the trafficking victims protection act (United States
32 Code, Title 22, Chapter 78).
33 § 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
34 as amended by chapter 368 of the laws of 2015, is amended to read as
35 follows:
36 (a) Class B violent felony offenses: an attempt to commit the class
37 A-I felonies of murder in the second degree as defined in section
38 125.25, kidnapping in the first degree as defined in section 135.25, and
39 arson in the first degree as defined in section 150.20; manslaughter in
40 the first degree as defined in section 125.20, aggravated manslaughter
41 in the first degree as defined in section 125.22, rape in the first
42 degree as defined in section 130.35, criminal sexual act in the first
43 degree as defined in section 130.50, aggravated sexual abuse in the
44 first degree as defined in section 130.70, course of sexual conduct
45 against a child in the first degree as defined in section 130.75;
46 assault in the first degree as defined in section 120.10, kidnapping in
47 the second degree as defined in section 135.20, burglary in the first
48 degree as defined in section 140.30, arson in the second degree as
49 defined in section 150.15, robbery in the first degree as defined in
50 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
51 subdivision five of section 230.34, sex trafficking of a child as
52 defined in section 230.34-a, incest in the first degree as defined in
53 section 255.27, criminal possession of a weapon in the first degree as
54 defined in section 265.04, criminal use of a firearm in the first degree
55 as defined in section 265.09, criminal sale of a firearm in the first
56 degree as defined in section 265.13, aggravated assault upon a police
A. 6823--C 3
1 officer or a peace officer as defined in section 120.11, gang assault in
2 the first degree as defined in section 120.07, intimidating a victim or
3 witness in the first degree as defined in section 215.17, hindering
4 prosecution of terrorism in the first degree as defined in section
5 490.35, criminal possession of a chemical weapon or biological weapon in
6 the second degree as defined in section 490.40, and criminal use of a
7 chemical weapon or biological weapon in the third degree as defined in
8 section 490.47.
9 § 4. Paragraph (a) of subdivision 1 of section 460.10 of the penal
10 law, as amended by chapter 368 of the laws of 2015, is amended to read
11 as follows:
12 (a) Any of the felonies set forth in this chapter: sections 120.05,
13 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
14 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
15 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
16 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
17 labor trafficking; section 135.65 relating to coercion; sections 140.20,
18 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
19 145.12 relating to criminal mischief; article one hundred fifty relating
20 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
21 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
22 care fraud; article one hundred sixty relating to robbery; sections
23 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
24 stolen property; sections 165.72 and 165.73 relating to trademark coun-
25 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
26 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
27 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
28 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
29 to criminal diversion of prescription medications and prescriptions;
30 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
31 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
32 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25
33 relating to residential mortgage fraud, sections 190.40 and 190.42
34 relating to criminal usury; section 190.65 relating to schemes to
35 defraud; any felony defined in article four hundred ninety-six; sections
36 205.60 and 205.65 relating to hindering prosecution; sections 210.10,
37 210.15, and 215.51 relating to perjury and contempt; section 215.40
38 relating to tampering with physical evidence; sections 220.06, 220.09,
39 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46,
40 220.55, 220.60, 220.65 and 220.77 relating to controlled substances;
41 sections 225.10 and 225.20 relating to gambling; sections 230.25,
42 230.30, and 230.32 relating to promoting prostitution; section 230.34
43 relating to sex trafficking; section 230.34-a relating to sex traffick-
44 ing of a child; sections 235.06, 235.07, 235.21 and 235.22 relating to
45 obscenity; sections 263.10 and 263.15 relating to promoting a sexual
46 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,
47 265.13 and the provisions of section 265.10 which constitute a felony
48 relating to firearms and other dangerous weapons; sections 265.14 and
49 265.16 relating to criminal sale of a firearm; section 275.10, 275.20,
50 275.30, or 275.40 relating to unauthorized recordings; and sections
51 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
52 § 5. Subdivision 2 of section 130.91 of the penal law, as amended by
53 chapter 405 of the laws of 2010, is amended to read as follows:
54 2. A "specified offense" is a felony offense defined by any of the
55 following provisions of this chapter: assault in the second degree as
56 defined in section 120.05, assault in the first degree as defined in
A. 6823--C 4
1 section 120.10, gang assault in the second degree as defined in section
2 120.06, gang assault in the first degree as defined in section 120.07,
3 stalking in the first degree as defined in section 120.60, strangulation
4 in the second degree as defined in section 121.12, strangulation in the
5 first degree as defined in section 121.13, manslaughter in the second
6 degree as defined in subdivision one of section 125.15, manslaughter in
7 the first degree as defined in section 125.20, murder in the second
8 degree as defined in section 125.25, aggravated murder as defined in
9 section 125.26, murder in the first degree as defined in section 125.27,
10 kidnapping in the second degree as defined in section 135.20, kidnapping
11 in the first degree as defined in section 135.25, burglary in the third
12 degree as defined in section 140.20, burglary in the second degree as
13 defined in section 140.25, burglary in the first degree as defined in
14 section 140.30, arson in the second degree as defined in section 150.15,
15 arson in the first degree as defined in section 150.20, robbery in the
16 third degree as defined in section 160.05, robbery in the second degree
17 as defined in section 160.10, robbery in the first degree as defined in
18 section 160.15, promoting prostitution in the second degree as defined
19 in section 230.30, promoting prostitution in the first degree as defined
20 in section 230.32, compelling prostitution as defined in section 230.33,
21 sex trafficking of a child as defined in section 230.34-a, disseminating
22 indecent material to minors in the first degree as defined in section
23 235.22, use of a child in a sexual performance as defined in section
24 263.05, promoting an obscene sexual performance by a child as defined in
25 section 263.10, promoting a sexual performance by a child as defined in
26 section 263.15, or any felony attempt or conspiracy to commit any of the
27 foregoing offenses.
28 § 6. Subdivision 1 of section 120.70 of the penal law, as added by
29 chapter 405 of the laws of 2008, is amended to read as follows:
30 1. A person is guilty of luring a child when he or she lures a child
31 into a motor vehicle, aircraft, watercraft, isolated area, building, or
32 part thereof, for the purpose of committing against such child any of
33 the following offenses: an offense as defined in section 70.02 of this
34 chapter; an offense as defined in section 125.25 or 125.27 of this chap-
35 ter; a felony offense that is a violation of article one hundred thirty
36 of this chapter; an offense as defined in section 135.25 of this chap-
37 ter; an offense as defined in sections 230.30, 230.33 [or], 230.34 or
38 230.34-a of this chapter; an offense as defined in sections 255.25,
39 255.26, or 255.27 of this chapter; or an offense as defined in sections
40 263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi-
41 sion "child" means a person less than seventeen years of age. Nothing in
42 this section shall be deemed to preclude, if the evidence warrants, a
43 conviction for the commission or attempted commission of any crime,
44 including but not limited to a crime defined in article one hundred
45 thirty-five of this chapter.
46 § 7. Subparagraph (i) of paragraph (a) of subdivision 2 of section
47 168-a of the correction law, as amended by chapter 368 of the laws of
48 2015, is amended to read as follows:
49 (i) a conviction of or a conviction for an attempt to commit any of
50 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
51 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or
52 article two hundred sixty-three of the penal law, or section 135.05,
53 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
54 provided the victim of such kidnapping or related offense is less than
55 seventeen years old and the offender is not the parent of the victim, or
56 section 230.04, where the person patronized is in fact less than seven-
A. 6823--C 5
1 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
2 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
3 law, or section 230.25 of the penal law where the person prostituted is
4 in fact less than seventeen years old, or
5 § 8. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
6 procedure law, as amended by chapter 368 of the laws of 2015, is amended
7 to read as follows:
8 (b) Any of the following felonies: assault in the second degree as
9 defined in section 120.05 of the penal law, assault in the first degree
10 as defined in section 120.10 of the penal law, reckless endangerment in
11 the first degree as defined in section 120.25 of the penal law, promot-
12 ing a suicide attempt as defined in section 120.30 of the penal law,
13 strangulation in the second degree as defined in section 121.12 of the
14 penal law, strangulation in the first degree as defined in section
15 121.13 of the penal law, criminally negligent homicide as defined in
16 section 125.10 of the penal law, manslaughter in the second degree as
17 defined in section 125.15 of the penal law, manslaughter in the first
18 degree as defined in section 125.20 of the penal law, murder in the
19 second degree as defined in section 125.25 of the penal law, murder in
20 the first degree as defined in section 125.27 of the penal law, abortion
21 in the second degree as defined in section 125.40 of the penal law,
22 abortion in the first degree as defined in section 125.45 of the penal
23 law, rape in the third degree as defined in section 130.25 of the penal
24 law, rape in the second degree as defined in section 130.30 of the penal
25 law, rape in the first degree as defined in section 130.35 of the penal
26 law, criminal sexual act in the third degree as defined in section
27 130.40 of the penal law, criminal sexual act in the second degree as
28 defined in section 130.45 of the penal law, criminal sexual act in the
29 first degree as defined in section 130.50 of the penal law, sexual abuse
30 in the first degree as defined in section 130.65 of the penal law,
31 unlawful imprisonment in the first degree as defined in section 135.10
32 of the penal law, kidnapping in the second degree as defined in section
33 135.20 of the penal law, kidnapping in the first degree as defined in
34 section 135.25 of the penal law, labor trafficking as defined in section
35 135.35 of the penal law, aggravated labor trafficking as defined in
36 section 135.37 of the penal law, custodial interference in the first
37 degree as defined in section 135.50 of the penal law, coercion in the
38 first degree as defined in section 135.65 of the penal law, criminal
39 trespass in the first degree as defined in section 140.17 of the penal
40 law, burglary in the third degree as defined in section 140.20 of the
41 penal law, burglary in the second degree as defined in section 140.25 of
42 the penal law, burglary in the first degree as defined in section 140.30
43 of the penal law, criminal mischief in the third degree as defined in
44 section 145.05 of the penal law, criminal mischief in the second degree
45 as defined in section 145.10 of the penal law, criminal mischief in the
46 first degree as defined in section 145.12 of the penal law, criminal
47 tampering in the first degree as defined in section 145.20 of the penal
48 law, arson in the fourth degree as defined in section 150.05 of the
49 penal law, arson in the third degree as defined in section 150.10 of the
50 penal law, arson in the second degree as defined in section 150.15 of
51 the penal law, arson in the first degree as defined in section 150.20 of
52 the penal law, grand larceny in the fourth degree as defined in section
53 155.30 of the penal law, grand larceny in the third degree as defined in
54 section 155.35 of the penal law, grand larceny in the second degree as
55 defined in section 155.40 of the penal law, grand larceny in the first
56 degree as defined in section 155.42 of the penal law, health care fraud
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1 in the fourth degree as defined in section 177.10 of the penal law,
2 health care fraud in the third degree as defined in section 177.15 of
3 the penal law, health care fraud in the second degree as defined in
4 section 177.20 of the penal law, health care fraud in the first degree
5 as defined in section 177.25 of the penal law, robbery in the third
6 degree as defined in section 160.05 of the penal law, robbery in the
7 second degree as defined in section 160.10 of the penal law, robbery in
8 the first degree as defined in section 160.15 of the penal law, unlawful
9 use of secret scientific material as defined in section 165.07 of the
10 penal law, criminal possession of stolen property in the fourth degree
11 as defined in section 165.45 of the penal law, criminal possession of
12 stolen property in the third degree as defined in section 165.50 of the
13 penal law, criminal possession of stolen property in the second degree
14 as defined by section 165.52 of the penal law, criminal possession of
15 stolen property in the first degree as defined by section 165.54 of the
16 penal law, trademark counterfeiting in the second degree as defined in
17 section 165.72 of the penal law, trademark counterfeiting in the first
18 degree as defined in section 165.73 of the penal law, forgery in the
19 second degree as defined in section 170.10 of the penal law, forgery in
20 the first degree as defined in section 170.15 of the penal law, criminal
21 possession of a forged instrument in the second degree as defined in
22 section 170.25 of the penal law, criminal possession of a forged instru-
23 ment in the first degree as defined in section 170.30 of the penal law,
24 criminal possession of forgery devices as defined in section 170.40 of
25 the penal law, falsifying business records in the first degree as
26 defined in section 175.10 of the penal law, tampering with public
27 records in the first degree as defined in section 175.25 of the penal
28 law, offering a false instrument for filing in the first degree as
29 defined in section 175.35 of the penal law, issuing a false certificate
30 as defined in section 175.40 of the penal law, criminal diversion of
31 prescription medications and prescriptions in the second degree as
32 defined in section 178.20 of the penal law, criminal diversion of
33 prescription medications and prescriptions in the first degree as
34 defined in section 178.25 of the penal law, residential mortgage fraud
35 in the fourth degree as defined in section 187.10 of the penal law,
36 residential mortgage fraud in the third degree as defined in section
37 187.15 of the penal law, residential mortgage fraud in the second degree
38 as defined in section 187.20 of the penal law, residential mortgage
39 fraud in the first degree as defined in section 187.25 of the penal law,
40 escape in the second degree as defined in section 205.10 of the penal
41 law, escape in the first degree as defined in section 205.15 of the
42 penal law, absconding from temporary release in the first degree as
43 defined in section 205.17 of the penal law, promoting prison contraband
44 in the first degree as defined in section 205.25 of the penal law,
45 hindering prosecution in the second degree as defined in section 205.60
46 of the penal law, hindering prosecution in the first degree as defined
47 in section 205.65 of the penal law, sex trafficking as defined in
48 section 230.34 of the penal law, sex trafficking of a child as defined
49 in section 230.34-a of the penal law, criminal possession of a weapon in
50 the third degree as defined in subdivisions two, three and five of
51 section 265.02 of the penal law, criminal possession of a weapon in the
52 second degree as defined in section 265.03 of the penal law, criminal
53 possession of a weapon in the first degree as defined in section 265.04
54 of the penal law, manufacture, transport, disposition and defacement of
55 weapons and dangerous instruments and appliances defined as felonies in
56 subdivisions one, two, and three of section 265.10 of the penal law,
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1 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
2 of weapons as defined in subdivision two of section 265.35 of the penal
3 law, relating to firearms and other dangerous weapons, or failure to
4 disclose the origin of a recording in the first degree as defined in
5 section 275.40 of the penal law;
6 § 9. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
7 procedure law, as amended by chapter 368 of the laws of 2015, is amended
8 to read as follows:
9 (i) The judgment is a conviction where the arresting charge was under
10 section 240.37 (loitering for the purpose of engaging in a prostitution
11 offense, provided that the defendant was not alleged to be loitering for
12 the purpose of patronizing a person for prostitution or promoting pros-
13 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school
14 zone) of the penal law, and the defendant's participation in the offense
15 was a result of having been a victim of sex trafficking under section
16 230.34 of the penal law, sex trafficking of a child under section
17 230.34-a of the penal law, labor trafficking under section 135.35 of the
18 penal law, aggravated labor trafficking under section 135.37 of the
19 penal law, compelling prostitution under section 230.33 of the penal
20 law, or trafficking in persons under the Trafficking Victims Protection
21 Act (United States Code, title 22, chapter 78); provided that
22 § 10. Subdivision 2 of section 420.35 of the criminal procedure law,
23 as amended by chapter 426 of the laws of 2015, is amended to read as
24 follows:
25 2. Under no circumstances shall the mandatory surcharge, sex offender
26 registration fee, DNA databank fee or the crime victim assistance fee be
27 waived provided, however, that a court may waive the crime victim
28 assistance fee if such defendant is an eligible youth as defined in
29 subdivision two of section 720.10 of this chapter, and the imposition of
30 such fee would work an unreasonable hardship on the defendant, his or
31 her immediate family, or any other person who is dependent on such
32 defendant for financial support. A court shall waive any mandatory
33 surcharge, DNA databank fee and crime victim assistance fee when: (i)
34 the defendant is convicted of loitering for the purpose of engaging in
35 prostitution under section 240.37 of the penal law (provided that the
36 defendant was not convicted of loitering for the purpose of patronizing
37 a person for prostitution); (ii) the defendant is convicted of prostitu-
38 tion under section 230.00 of the penal law; (iii) the defendant is
39 convicted of a violation in the event such conviction is in lieu of a
40 plea to or conviction for loitering for the purpose of engaging in pros-
41 titution under section 240.37 of the penal law (provided that the
42 defendant was not alleged to be loitering for the purpose of patronizing
43 a person for prostitution) or prostitution under section 230.00 of the
44 penal law; or (iv) the court finds that a defendant is a victim of sex
45 trafficking under section 230.34 of the penal law or a victim of traf-
46 ficking in persons under the trafficking victims protection act (United
47 States Code, Title 22, Chapter 78); or (v) the court finds that the
48 defendant is a victim of sex trafficking of a child under section
49 230.34-a of the penal law.
50 § 11. Subdivision 1 of section 447-a of the social services law, as
51 amended by section 1 of part G of chapter 58 of the laws of 2010, is
52 amended to read as follows:
53 1. The term "sexually exploited child" means any person under the age
54 of eighteen who has been subject to sexual exploitation because he or
55 she:
A. 6823--C 8
1 (a) is the victim of the crime of sex trafficking as defined in
2 section 230.34 of the penal law or the crime of sex trafficking of a
3 child as defined in section 230.34-a of the penal law;
4 (b) engages in any act as defined in section 230.00 of the penal law;
5 (c) is a victim of the crime of compelling prostitution as defined in
6 section 230.33 of the penal law;
7 (d) engages in acts or conduct described in article two hundred
8 sixty-three or section 240.37 of the penal law.
9 § 12. Subdivision (c) of section 483-bb of the social services law, as
10 added by chapter 368 of the laws of 2015, is amended to read as follows:
11 (c) An individual who is a victim of the conduct prohibited by section
12 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law may bring a
13 civil action against the perpetrator or whoever knowingly advances or
14 profits from, or whoever should have known he or she was advancing or
15 profiting from, an act in violation of section 230.33, 230.34, 230.34-a,
16 135.35 or 135.37 of the penal law to recover damages and reasonable
17 attorney's fees.
18 § 13. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
19 and traffic law, as amended by chapter 400 of the laws of 2011, is
20 amended to read as follows:
21 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
22 subdivision one and paragraph (a) of subdivision two of this section
23 that result in permanent disqualification shall include a conviction
24 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
25 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
26 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
27 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 263.11,
28 263.15, 263.16 of the penal law or an attempt to commit any of the afor-
29 esaid offenses under section 110.00 of the penal law, or any offenses
30 committed under a former section of the penal law which would constitute
31 violations of the aforesaid sections of the penal law, or any offenses
32 committed outside this state which would constitute violations of the
33 aforesaid sections of the penal law.
34 § 14. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
35 law, as added by chapter 368 of the laws of 2015, are amended to read as
36 follows:
37 1. A class E driver's license shall be suspended by the commissioner
38 for a period of one year where the holder is convicted of a violation of
39 section 230.20, 230.25, 230.30, 230.32, 230.34, 230.34-a or 230.40 of
40 the penal law and the holder used a for hire motor vehicle to commit
41 such crime.
42 2. A class E driver's license may be revoked by the commissioner when
43 the holder, who had his or her driver's license suspended under subdivi-
44 sion one of this section within the last ten years, is convicted of a
45 second violation of section 230.20, 230.25, 230.30, 230.32, 230.34,
46 230.34-a or 230.40 of the penal law and the holder used a for hire motor
47 vehicle to commit such crime.
48 § 15. Subdivision a of section 3-118 of the administrative code of the
49 city of New York, as added by local law number 39 of the city of New
50 York for the year 2016, is amended to read as follows:
51 a. For the purposes of this section, the following terms have the
52 following meanings:
53 Homeless youth. The term "homeless youth" means persons under the age
54 of 21 who are in need of services and are without a place of shelter
55 where supervision and care are available.
A. 6823--C 9
1 Runaway youth. The term "runaway youth" means persons under the age of
2 18 years who are absent from their legal residence without the consent
3 of their parent, legal guardian or custodian.
4 Sexually exploited youth. The term "sexually exploited youth" means
5 persons under the age of 18 who have been subject to sexual exploitation
6 because they (a) are the victim of the crime of sex trafficking as
7 defined in section 230.34 of the penal law; (b) engage in any act as
8 defined in section 230.00 of the penal law; (c) are a victim of the
9 crime of compelling prostitution as defined in section 230.33 of the
10 penal law; (d) are a victim of the crime of sex trafficking of a child
11 as defined in section 230.34-a of the penal law; or [(d)] (e) engage in
12 acts or conduct described in article 263 or section 240.37 of the penal
13 law. The term shall also mean persons under the age of 18 who have been
14 subject to incest in the third degree, second degree or first degree, as
15 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
16 tively, or any of the sex offenses enumerated in article 130 of the
17 penal law.
18 § 16. Subparagraph i of paragraph 7 of subdivision a of section 9-131
19 of the administrative code of the city of New York, as added by local
20 law number 58 of the city of New York for the year 2014, is amended to
21 read as follows:
22 i. a felony defined in any of the following sections of the penal law:
23 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
24 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
25 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
26 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
27 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
28 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90,
29 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
30 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
31 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
32 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
33 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30,
34 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60,
35 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
36 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a,
37 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10,
38 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2),
39 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23,
40 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40,
41 490.45, 490.47, 490.50, or 490.55;
42 § 17. Subparagraph i of paragraph 6 of subdivision a of section 14-154
43 of the administrative code of the city of New York, as added by local
44 law number 59 of the city of New York for the year 2014, is amended to
45 read as follows:
46 i. a felony defined in any of the following sections of the penal law:
47 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07,
48 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55,
49 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14,
50 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45,
51 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65,
52 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90,
53 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b),
54 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05,
55 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15,
56 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43,
A. 6823--C 10
1 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30,
2 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60,
3 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32,
4 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a,
5 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09,
6 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19,
7 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22,
8 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37,
9 490.40, 490.45, 490.47, 490.50, or 490.55;
10 § 18. Paragraph (iii) of subdivision (e) of section 1012 of the family
11 court act, as amended by section 1 of part L of chapter 56 of the laws
12 of 2017, is amended to read as follows:
13 (iii) (A) commits, or allows to be committed an offense against such
14 child defined in article one hundred thirty of the penal law; (B)
15 allows, permits or encourages such child to engage in any act described
16 in sections 230.25, 230.30 [and], 230.32 and 230.34-a of the penal law;
17 (C) commits any of the acts described in sections 255.25, 255.26 and
18 255.27 of the penal law; (D) allows such child to engage in acts or
19 conduct described in article two hundred sixty-three of the penal law;
20 or (E) permits or encourages such child to engage in any act or commits
21 or allows to be committed against such child any offense that would
22 render such child either a victim of sex trafficking or a victim of
23 severe forms of trafficking in persons pursuant to 22 U.S.C. 7102 as
24 enacted by public law 106-386 or any successor federal statute; (F)
25 provided, however, that (1) the corroboration requirements contained in
26 the penal law and (2) the age requirement for the application of article
27 two hundred sixty-three of such law shall not apply to proceedings under
28 this article.
29 § 19. Subdivision (f) of section 10.03 of the mental hygiene law, as
30 amended by chapter 405 of the laws of 2010, is amended to read as
31 follows:
32 (f) "Designated felony" means any felony offense defined by any of the
33 following provisions of the penal law: assault in the second degree as
34 defined in section 120.05, assault in the first degree as defined in
35 section 120.10, gang assault in the second degree as defined in section
36 120.06, gang assault in the first degree as defined in section 120.07,
37 stalking in the first degree as defined in section 120.60, strangulation
38 in the second degree as defined in section 121.12, strangulation in the
39 first degree as defined in section 121.13, manslaughter in the second
40 degree as defined in subdivision one of section 125.15, manslaughter in
41 the first degree as defined in section 125.20, murder in the second
42 degree as defined in section 125.25, aggravated murder as defined in
43 section 125.26, murder in the first degree as defined in section 125.27,
44 kidnapping in the second degree as defined in section 135.20, kidnapping
45 in the first degree as defined in section 135.25, burglary in the third
46 degree as defined in section 140.20, burglary in the second degree as
47 defined in section 140.25, burglary in the first degree as defined in
48 section 140.30, arson in the second degree as defined in section 150.15,
49 arson in the first degree as defined in section 150.20, robbery in the
50 third degree as defined in section 160.05, robbery in the second degree
51 as defined in section 160.10, robbery in the first degree as defined in
52 section 160.15, promoting prostitution in the second degree as defined
53 in section 230.30, promoting prostitution in the first degree as defined
54 in section 230.32, compelling prostitution as defined in section 230.33,
55 sex trafficking of a child as defined in section 230.34-a, disseminating
56 indecent material to minors in the first degree as defined in section
A. 6823--C 11
1 235.22, use of a child in a sexual performance as defined in section
2 263.05, promoting an obscene sexual performance by a child as defined in
3 section 263.10, promoting a sexual performance by a child as defined in
4 section 263.15, or any felony attempt or conspiracy to commit any of the
5 foregoing offenses.
6 § 20. Section 2324-a of the public health law, as amended by chapter
7 368 of the laws of 2015, is amended to read as follows:
8 § 2324-a. Presumptive evidence. For the purposes of this title, two or
9 more convictions of any person or persons had, within a period of one
10 year, for any of the offenses described in section 230.00, 230.05,
11 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30 [or],
12 230.32 or 230.34-a of the penal law arising out of conduct engaged in at
13 the same real property consisting of a dwelling as that term is defined
14 in subdivision four of section four of the multiple dwelling law shall
15 be presumptive evidence of conduct constituting use of the premises for
16 purposes of prostitution.
17 § 21. Subdivision 5 of section 621 of the executive law, as amended by
18 section 1 of part H of chapter 55 of the laws of 2017, is amended to
19 read as follows:
20 5. "Victim" shall mean (a) a person who suffers personal physical
21 injury as a direct result of a crime; (b) a person who is the victim of
22 either the crime of (1) unlawful imprisonment in the first degree as
23 defined in section 135.10 of the penal law, (2) kidnapping in the second
24 degree as defined in section 135.20 of the penal law, (3) kidnapping in
25 the first degree as defined in section 135.25 of the penal law, (4)
26 menacing in the first degree as defined in section 120.13 of the penal
27 law, (5) criminal obstruction of breathing or blood circulation as
28 defined in section 121.11 of the penal law, (6) harassment in the second
29 degree as defined in section 240.26 of the penal law, (7) harassment in
30 the first degree as defined in section 240.25 of the penal law, (8)
31 aggravated harassment in the second degree as defined in subdivision
32 three or five of section 240.30 of the penal law, (9) aggravated harass-
33 ment in the first degree as defined in subdivision two of section 240.31
34 of the penal law, (10) criminal contempt in the first degree as defined
35 in subdivision (b) or subdivision (c) of section 215.51 of the penal
36 law, (11) stalking in the fourth, third, second or first degree as
37 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
38 (12) labor trafficking as defined in section 135.35 of the penal law,
39 [or] (13) sex trafficking as defined in section 230.34 of the penal law;
40 or (14) sex trafficking of a child as defined in section 230.34-a of the
41 penal law; a vulnerable elderly person or an incompetent or physically
42 disabled person as defined in section 260.31 of the penal law who incurs
43 a loss of savings as defined in subdivision twenty-four of this section;
44 or a person who has had a frivolous lawsuit filed against them.
45 § 22. Subdivision 1 of section 631 of the executive law, as amended by
46 section 22 of part A-1 of chapter 56 of the laws of 2010, is amended to
47 read as follows:
48 1. No award shall be made unless the office finds that (a) a crime was
49 committed, (b) such crime directly resulted in personal physical injury
50 to or the exacerbation of a preexisting disability, or condition, or
51 death of, the victim, and (c) criminal justice agency records show that
52 such crime was promptly reported to the proper authorities; and in no
53 case may an award be made where the criminal justice agency records show
54 that such report was made more than one week after the occurrence of
55 such crime unless the office, for good cause shown, finds the delay to
56 have been justified; provided, however, in cases involving an alleged
A. 6823--C 12
1 sex offense as contained in article one hundred thirty of the penal law
2 or incest as defined in section 255.25, 255.26 or 255.27 of the penal
3 law or labor trafficking as defined in section 135.35 of the penal law
4 or sex trafficking as defined in [section] sections 230.34 and 230.34-a
5 of the penal law or an offense chargeable as a family offense as
6 described in section eight hundred twelve of the family court act or
7 section 530.11 of the criminal procedure law, the criminal justice agen-
8 cy report need only be made within a reasonable time considering all the
9 circumstances, including the victim's physical, emotional and mental
10 condition and family situation. For the purposes of this subdivision,
11 "criminal justice agency" shall include, but not be limited to, a police
12 department, a district attorney's office, and any other governmental
13 agency having responsibility for the enforcement of the criminal laws of
14 the state provided, however, that in cases involving such sex offense a
15 criminal justice agency shall also mean a family court, a governmental
16 agency responsible for child and/or adult protective services pursuant
17 to title six of article six of the social services law and/or title one
18 of article nine-B of the social services law, and any medical facility
19 established under the laws of the state that provides a forensic phys-
20 ical examination for victims of rape and sexual assault.
21 § 23. Paragraph f of subdivision 1 of section 410 of the general busi-
22 ness law, as amended by chapter 80 of the laws of 2015, is amended to
23 read as follows:
24 f. Conviction of any of the following crimes subsequent to the issu-
25 ance of a license or registration pursuant to this article: fraud pursu-
26 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and
27 190.65; falsifying business records pursuant to section 175.10; grand
28 larceny pursuant to article 155; bribery pursuant to sections 180.03,
29 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12,
30 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40;
31 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery
32 pursuant to article 160; homicide pursuant to sections 125.25 and
33 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping
34 and unlawful imprisonment pursuant to sections 135.10, 135.20 and
35 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03
36 and 265.04; criminal use of a weapon pursuant to sections 265.08 and
37 265.09; criminal sale of a weapon pursuant to sections 265.11 and
38 265.12; compelling prostitution pursuant to section 230.33; sex traf-
39 ficking pursuant to section 230.34; sex trafficking of a child pursuant
40 to section 230.34-a; and sex offenses pursuant to article 130 of the
41 penal law. Provided, however, that for the purposes of this article,
42 none of the following shall be considered criminal convictions or
43 reported as such: (i) a conviction for which an executive pardon has
44 been issued pursuant to the executive law; (ii) a conviction which has
45 been vacated and replaced by a youthful offender finding pursuant to
46 article seven hundred twenty of the criminal procedure law, or the
47 applicable provisions of law of any other jurisdiction; or (iii) a
48 conviction the records of which have been expunged or sealed pursuant to
49 the applicable provisions of the laws of this state or of any other
50 jurisdiction; and (iv) a conviction for which other evidence of success-
51 ful rehabilitation to remove the disability has been issued.
52 § 24. This act shall take effect on the ninetieth day after it shall
53 have become a law.