Bill Text: NY A09804 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the "trafficking victims protection and justice act"; makes various provisions relating to prostitution offenses; creates crimes of aggravated patronizing a minor for prostitution.
Spectrum: Strong Partisan Bill (Democrat 37-4)
Status: (Introduced - Dead) 2012-04-10 - referred to codes [A09804 Detail]
Download: New_York-2011-A09804-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9804
I N A S S E M B L Y
April 10, 2012
___________
Introduced by M. of A. PAULIN, DINOWITZ, SCARBOROUGH, ROSENTHAL, COOK,
LANCMAN, LAVINE, ZEBROWSKI, ABBATE, CUSICK, ENGLEBRIGHT, GALEF,
GIBSON, GUNTHER, JAFFEE, MAGNARELLI, MARKEY, MILLMAN, MOYA, REILLY,
ROBERTS, WEISENBERG -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON,
JACOBS, McENENY, NOLAN, THIELE -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, the criminal procedure law, the social
services law, the mental hygiene law, the correction law, the execu-
tive law, the vehicle and traffic law, the public health law, the real
property actions and proceedings law and the real property law, in
relation to prostitution offenses; and to repeal section 230.07 of the
penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "trafficking victims protection and justice act".
3 S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
4 of 2007, is amended to read as follows:
5 S 60.13 Authorized dispositions; felony sex offenses.
6 When a person is to be sentenced upon a conviction for any felony
7 defined in article one hundred thirty of this chapter, including a sexu-
8 ally motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
9 TUTION in the first degree as defined in section 230.06 of this chapter,
10 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
11 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
12 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
13 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
14 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
15 second degree as defined in section 255.26 of this chapter, or incest in
16 the first degree as defined in section 255.27 of this chapter, or a
17 felony attempt or conspiracy to commit any of these crimes, the court
18 must sentence the defendant in accordance with the provisions of section
19 70.80 of this title.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00832-11-2
A. 9804 2
1 S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
2 as amended by chapter 320 of the laws of 2006, is amended to read as
3 follows:
4 (a) Class B violent felony offenses: an attempt to commit the class
5 A-I felonies of murder in the second degree as defined in section
6 125.25, kidnapping in the first degree as defined in section 135.25, and
7 arson in the first degree as defined in section 150.20; manslaughter in
8 the first degree as defined in section 125.20, aggravated manslaughter
9 in the first degree as defined in section 125.22, rape in the first
10 degree as defined in section 130.35, criminal sexual act in the first
11 degree as defined in section 130.50, aggravated sexual abuse in the
12 first degree as defined in section 130.70, course of sexual conduct
13 against a child in the first degree as defined in section 130.75;
14 assault in the first degree as defined in section 120.10, kidnapping in
15 the second degree as defined in section 135.20, burglary in the first
16 degree as defined in section 140.30, arson in the second degree as
17 defined in section 150.15, robbery in the first degree as defined in
18 section 160.15, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in
19 the first degree as defined in section 255.27, criminal possession of a
20 weapon in the first degree as defined in section 265.04, criminal use of
21 a firearm in the first degree as defined in section 265.09, criminal
22 sale of a firearm in the first degree as defined in section 265.13,
23 aggravated assault upon a police officer or a peace officer as defined
24 in section 120.11, gang assault in the first degree as defined in
25 section 120.07, intimidating a victim or witness in the first degree as
26 defined in section 215.17, hindering prosecution of terrorism in the
27 first degree as defined in section 490.35, criminal possession of a
28 chemical weapon or biological weapon in the second degree as defined in
29 section 490.40, and criminal use of a chemical weapon or biological
30 weapon in the third degree as defined in section 490.47.
31 S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
32 as added by chapter 7 of the laws of 2007, is amended to read as
33 follows:
34 (a) For the purposes of this section, a "felony sex offense" means a
35 conviction of any felony defined in article one hundred thirty of this
36 chapter, including a sexually motivated felony, or patronizing a [pros-
37 titute] PERSON FOR PROSTITUTION in the first degree as defined in
38 section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
39 THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
40 VATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
41 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
42 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
43 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
44 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
45 second degree as defined in section 255.26 of this chapter, or incest in
46 the first degree as defined in section 255.27 of this chapter, or a
47 felony attempt or conspiracy to commit any of the above.
48 S 5. The closing paragraph of section 135.35 of the penal law, as
49 added by chapter 74 of the laws of 2007, is amended to read as follows:
50 Labor trafficking is a class [D] B felony.
51 S 6. The penal law is amended by adding a new section 230.01 to read
52 as follows:
53 S 230.01 PROSTITUTION; DEFENSE.
54 IN ANY PROSECUTION UNDER SECTION 230.00 OR SUBDIVISION THREE OF
55 SECTION 240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT THE
56 DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
A. 9804 3
1 VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34 OF THIS ARTICLE OR A
2 VICTIM OF TRAFFICKING IN PERSONS UNDER THE TRAFFICKING VICTIMS
3 PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
4 S 7. The section heading and subdivision 1 of section 230.02 of the
5 penal law, as amended by chapter 627 of the laws of 1978, are amended to
6 read as follows:
7 Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
8 1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
9 (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
10 person as compensation for such person or a third person having engaged
11 in sexual conduct with him OR HER; or
12 (b) He OR SHE pays or agrees to pay a fee to another person pursuant
13 to an understanding that in return therefor such person or a third
14 person will engage in sexual conduct with him OR HER; or
15 (c) He OR SHE solicits or requests another person to engage in sexual
16 conduct with him OR HER in return for a fee.
17 S 8. Subdivision 2 of section 230.03 of the penal law, as added by
18 chapter 191 of the laws of 2011, is amended to read as follows:
19 2. For the purposes of this section, SECTION 230.08 and section 230.19
20 of this article, "school zone" means (a) in or on or within any build-
21 ing, structure, athletic playing field, playground or land contained
22 within the real property boundary line of a public or private elementa-
23 ry, parochial, intermediate, junior high, vocational, or high school, or
24 (b) any public sidewalk, street, parking lot, park, playground or
25 private land, located immediately adjacent to the boundary line of such
26 school.
27 S 9. Section 230.07 of the penal law is REPEALED and a new section
28 230.08 is added to read as follows:
29 S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
30 1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
31 SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
32 PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06 OF THIS
33 ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
34 2. FOR PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
35 ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
36 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
37 FELONY.
38 S 10. Section 230.04 of the penal law, as amended by chapter 74 of the
39 laws of 2007, is amended to read as follows:
40 S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
41 degree.
42 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
43 TION in the third degree when he or she patronizes a [prostitute] PERSON
44 FOR PROSTITUTION.
45 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
46 is a class A misdemeanor.
47 S 11. Section 230.05 of the penal law, as added by chapter 627 of the
48 laws of 1978, is amended to read as follows:
49 S 230.05 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the
50 second degree.
51 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
52 TION in the second degree when, being [over] eighteen years [of age] OLD
53 OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
54 the person patronized is less than [fourteen] FIFTEEN years [of age]
55 OLD.
A. 9804 4
1 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the second
2 degree is a class E felony.
3 S 12. Section 230.06 of the penal law, as added by chapter 627 of the
4 laws of 1978, is amended to read as follows:
5 S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
6 degree.
7 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
8 TION in the first degree when [he]:
9 1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
10 person patronized is less than eleven years [of age] OLD; OR
11 2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
12 PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
13 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
14 is a class D felony.
15 S 13. The section heading and the opening paragraph of section 230.10
16 of the penal law are amended to read as follows:
17 Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION; no
18 defense.
19 In any prosecution for prostitution or patronizing a [prostitute]
20 PERSON FOR PROSTITUTION, the sex of the two parties or prospective
21 parties to the sexual conduct engaged in, contemplated or solicited is
22 immaterial, and it is no defense that:
23 S 14. The penal law is amended by adding three new sections 230.11,
24 230.12 and 230.13 to read as follows:
25 S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD
26 DEGREE.
27 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
28 IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
29 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
30 THAN EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
31 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
32 VATED SEXUAL CONDUCT.
33 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
34 A CLASS E FELONY.
35 S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND
36 DEGREE.
37 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
38 IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
39 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
40 THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
41 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
42 VATED SEXUAL CONDUCT.
43 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
44 IS A CLASS D FELONY.
45 S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
46 DEGREE.
47 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
48 IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
49 AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, BEING EIGHTEEN
50 YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION AND
51 THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD, AND THE PERSON
52 GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
53 CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
54 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
55 A CLASS B FELONY.
A. 9804 5
1 S 15. Subdivisions 1 and 2 of section 230.15 of the penal law are
2 amended to read as follows:
3 1. "Advance prostitution." A person "advances prostitution" when,
4 acting other than as a [prostitute] PERSON IN PROSTITUTION or as a
5 patron thereof, he OR SHE knowingly causes or aids a person to commit or
6 engage in prostitution, procures or solicits patrons for prostitution,
7 provides persons or premises for prostitution purposes, operates or
8 assists in the operation of a house of prostitution or a prostitution
9 enterprise, or engages in any other conduct designed to institute, aid
10 or facilitate an act or enterprise of prostitution.
11 2. "Profit from prostitution." A person "profits from prostitution"
12 when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
13 ing compensation for personally rendered prostitution services, he OR
14 SHE accepts or receives money or other property pursuant to an agreement
15 or understanding with any person whereby he OR SHE participates or is to
16 participate in the proceeds of prostitution activity.
17 S 16. Subdivision 1 of section 230.19 of the penal law, as added by
18 chapter 191 of the laws of 2011, is amended to read as follows:
19 1. A person is guilty of promoting prostitution in a school zone when,
20 being nineteen years [of age] OLD or [older] MORE, he or she knowingly
21 advances or profits from prostitution [that he or she knows or reason-
22 ably should know is or will be committed in violation of section 230.03
23 of this article] in a school zone during the hours that school is in
24 session.
25 S 17. The opening paragraph and subdivisions 1 and 2 of section 230.25
26 of the penal law, the opening paragraph and subdivision 2 as amended by
27 chapter 627 of the laws of 1978 and subdivision 1 as amended by chapter
28 74 of the laws of 2007, are amended to read as follows:
29 A person is guilty of promoting prostitution in the third degree when
30 he OR SHE knowingly:
31 1. Advances or profits from prostitution by managing, supervising,
32 controlling or owning, either alone or in association with others, a
33 house of prostitution or a prostitution business or enterprise involving
34 prostitution activity by two or more [prostitutes] PERSONS IN PROSTITU-
35 TION, or a business that sells travel-related services knowing that such
36 services include or are intended to facilitate travel for the purpose of
37 patronizing a [prostitute] PERSON FOR PROSTITUTION, including to a
38 foreign jurisdiction and regardless of the legality of prostitution in
39 said foreign jurisdiction; or
40 2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR IN ASSOCI-
41 ATION WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
42 PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
43 3. Advances or profits from prostitution of a person less than nine-
44 teen years old.
45 S 18. The opening paragraph of section 230.30 of the penal law, as
46 amended by chapter 627 of the laws of 1978, is amended to read as
47 follows:
48 A person is guilty of promoting prostitution in the second degree when
49 he OR SHE knowingly:
50 S 19. The first undesignated paragraph of section 230.32 of the penal
51 law, as added by chapter 627 of the laws of 1978, is amended to read as
52 follows:
53 A person is guilty of promoting prostitution in the first degree when
54 he OR SHE knowingly advances or profits from prostitution of a person
55 less than [eleven] THIRTEEN years old.
A. 9804 6
1 S 20. Section 230.33 of the penal law, as added by chapter 450 of the
2 laws of 2005, is amended to read as follows:
3 S 230.33 Compelling prostitution.
4 A person is guilty of compelling prostitution when, being twenty-one
5 years [of age or older] OLD OR MORE, he or she knowingly advances pros-
6 titution by compelling a person less than [sixteen] EIGHTEEN years old,
7 by force or intimidation, to engage in prostitution.
8 Compelling prostitution is a class B felony.
9 S 21. Subdivision 1 and paragraph (h) of subdivision 5 of section
10 230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
11 amended and a new subdivision 6 is added to read as follows:
12 1. unlawfully providing to a person who is patronized, with intent to
13 impair said person's judgment: (a) a narcotic drug or a narcotic prepa-
14 ration; (b) MARIJUANA OR concentrated cannabis as defined in paragraph
15 (a) of subdivision four of section thirty-three hundred two of the
16 public health law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB)
17 or flunitrazepan, also known as Rohypnol; OR (E) METHYLENEDIOXYMETH-
18 AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
19 (h) perform any other act which would not in itself materially benefit
20 the actor but which is calculated to harm the person who is patronized
21 materially with respect to his or her health, safety, or immigration
22 status[.]; OR
23 6. KNOWINGLY ADVANCING PROSTITUTION OF A PERSON LESS THAN EIGHTEEN
24 YEARS OLD.
25 S 22. Section 230.35 of the penal law, as amended by chapter 450 of
26 the laws of 2005, is amended to read as follows:
27 S 230.35 Promoting or compelling prostitution; accomplice.
28 In a prosecution for promoting prostitution or compelling prostitu-
29 tion, a person less than [seventeen] EIGHTEEN years [of age] OLD from
30 whose prostitution activity another person is alleged to have advanced
31 or attempted to advance or profited or attempted to profit shall not be
32 deemed to be an accomplice.
33 S 23. The first undesignated paragraph of section 230.40 of the penal
34 law is amended to read as follows:
35 A person is guilty of permitting prostitution when, having possession
36 or control of premises OR VEHICLE which he OR SHE knows are being used
37 for prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
38 he OR SHE fails to make reasonable effort to halt or abate such use.
39 S 24. Subdivision 2 of section 240.37 of the penal law, as added by
40 chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
41 subdivision 4 and a new subdivision 3 is added to read as follows:
42 2. Any person who remains or wanders about in a public place and
43 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
44 stop, or repeatedly attempts to engage passers-by in conversation, or
45 repeatedly stops or attempts to stop motor vehicles, or repeatedly
46 interferes with the free passage of other persons, for the purpose of
47 prostitution[, or of patronizing a prostitute as those terms are] AS
48 THAT TERM IS defined in article two hundred thirty of [the penal law]
49 THIS PART, shall be guilty of a violation and is guilty of a class B
50 misdemeanor if such person has previously been convicted of a violation
51 of this section or of [sections] SECTION 230.00 [or 230.05] of [the
52 penal law] THIS PART.
53 3. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC PLACE AND
54 REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
55 STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
56 REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY
A. 9804 7
1 INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
2 PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
3 THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
4 MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
5 OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
6 PART.
7 S 25. The section heading of section 170.15 of the criminal procedure
8 law, as amended by chapter 661 of the laws of 1972, is amended and a new
9 subdivision 5 is added to read as follows:
10 Removal of action from [one local] criminal court to another COURT.
11 5. (A) WHEN A DEFENDANT WHO IS LESS THAN EIGHTEEN YEARS OLD AND
12 ALLEGED TO HAVE ENGAGED IN ANY ACT DEFINED IN SECTION 230.00 OR SUBDIVI-
13 SION TWO OF SECTION 240.37 OF THE PENAL LAW IS BROUGHT FOR ARRAIGNMENT
14 UPON AN INFORMATION, SIMPLIFIED INFORMATION OR MISDEMEANOR COMPLAINT
15 CHARGING SUCH OFFENSE, THE COURT MUST ORDER THE ACTION REMOVED TO FAMILY
16 COURT FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH ARTICLE SEVEN OF THE
17 FAMILY COURT ACT. THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF THE
18 PLEADINGS AND PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF THE
19 SAME, BE TRANSFERRED TO THE DESIGNATED FAMILY COURT AND BE DELIVERED TO
20 AND FILED WITH THE CLERK OF THAT COURT. THE PROCEDURES SET FORTH IN
21 SECTIONS 725.10, 725.15 AND 725.20 OF THIS CHAPTER FOR TRANSFER AND
22 SEALING OF RECORDS SHALL APPLY TO THIS PROVISION WHENEVER APPLICABLE.
23 (B) THE COURT MUST INFORM THE DEFENDANT OF THE AVAILABILITY OF
24 SERVICES UNDER SECTION 447-B OF THE SOCIAL SERVICES LAW.
25 S 26. Subdivision 6 of section 380.50 of the criminal procedure law,
26 as amended by chapter 320 of the laws of 2006, is amended to read as
27 follows:
28 6. Regardless of whether the victim requests to make a statement with
29 regard to the defendant's sentence, where the defendant is sentenced for
30 a violent felony offense as defined in section 70.02 of the penal law or
31 a felony defined in article one hundred twenty-five of such law or any
32 of the following provisions of such law: sections 130.25, 130.30,
33 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
34 135.10, 135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
35 subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
36 in sixty days of the imposition of sentence, provide the victim with a
37 form on which the victim may indicate a demand to be informed of any
38 petition to change the name of such defendant. Such forms shall be
39 maintained by such prosecutor. Upon receipt of a notice of a petition to
40 change the name of any such defendant, pursuant to subdivision two of
41 section sixty-two of the civil rights law, the prosecutor shall promptly
42 notify the victim at the most current address or telephone number
43 provided by such victim in the most reasonable and expedient possible
44 manner of the time and place such petition will be presented to the
45 court.
46 S 27. The opening paragraph of paragraph (i) of subdivision 1 of
47 section 440.10 of the criminal procedure law, as added by chapter 332 of
48 the laws of 2010, is amended to read as follows:
49 The judgment is a conviction where the arresting charge was under
50 section 240.37 (loitering for the purpose of engaging in a prostitution
51 offense, provided that the defendant was not alleged to be loitering for
52 the purpose of patronizing a [prostitute] PERSON FOR PROSTITUTION or
53 promoting prostitution) or 230.00 (prostitution) of the penal law, and
54 the defendant's participation in the offense was a result of having been
55 a victim of sex trafficking under section 230.34 of the penal law or
A. 9804 8
1 trafficking in persons under the Trafficking Victims Protection Act
2 (United States Code, title 22, chapter 78); provided that
3 S 28. Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
4 nal procedure law, as amended by chapter 154 of the laws of 1990, is
5 amended to read as follows:
6 (h) Promoting prostitution in the first degree, as defined in section
7 230.32 of the penal law, promoting prostitution in the second degree, as
8 defined by subdivision one of section 230.30 of the penal law, PROMOTING
9 PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
10 PENAL LAW;
11 S 29. Subdivision (a) of section 483-cc of the social services law, as
12 added by chapter 74 of the laws of 2007, is amended to read as follows:
13 (a) As soon as practicable after a first encounter with a person who
14 reasonably appears to a law enforcement agency [or a], district attor-
15 ney's office, OR AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
16 DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
17 OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
18 victim, that agency [or], office OR PROVIDER shall notify the office of
19 temporary and disability assistance and the division of criminal justice
20 services that such person may be eligible for services under this arti-
21 cle.
22 S 30. Subdivision (p) of section 10.03 of the mental hygiene law, as
23 added by chapter 7 of the laws of 2007, is amended to read as follows:
24 (p) "Sex offense" means an act or acts constituting: (1) any felony
25 defined in article one hundred thirty of the penal law, including a
26 sexually motivated felony; (2) patronizing a [prostitute] PERSON FOR
27 PROSTITUTION in the first degree as defined in section 230.06 of the
28 penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
29 DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
30 IZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN
31 SECTION 230.12 OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR
32 PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE
33 PENAL LAW, incest in the second degree as defined in section 255.26 of
34 the penal law, or incest in the first degree as defined in section
35 255.27 of the penal law; (3) a felony attempt or conspiracy to commit
36 any of the foregoing offenses set forth in this subdivision; or (4) a
37 designated felony, as defined in subdivision (f) of this section, if
38 sexually motivated and committed prior to the effective date of this
39 article.
40 S 31. Subparagraph (i) of paragraph (a) of subdivision 2 of section
41 168-a of the correction law, as amended by chapter 405 of the laws of
42 2008, is amended to read as follows:
43 (i) a conviction of or a conviction for an attempt to commit any of
44 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
45 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
46 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
47 or 135.25 of such law relating to kidnapping offenses, provided the
48 victim of such kidnapping or related offense is less than seventeen
49 years old and the offender is not the parent of the victim, or section
50 230.04, [where the person patronized is in fact less than seventeen
51 years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
52 subdivision two of section 230.30, [or] section 230.32 [or], 230.33, OR
53 230.34 of the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
54 PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
A. 9804 9
1 S 32. Paragraph (b) of subdivision 1 of section 168-d of the
2 correction law, as amended by chapter 74 of the laws of 2007, is amended
3 to read as follows:
4 (b) Where a defendant stands convicted of an offense defined in para-
5 graph (b) of subdivision two of section one hundred sixty-eight-a of
6 this article or where the defendant was convicted of patronizing a
7 [prostitute] PERSON FOR PROSTITUTION in the third degree under section
8 230.04 of the penal law OR OF PATRONIZING A PERSON FOR PROSTITUTION IN
9 THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
10 ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
11 OF THE PENAL LAW, OR OF PATRONIZING A PERSON FOR PROSTITUTION IN A
12 SCHOOL ZONE UNDER SECTION 230.08 OF THE PENAL LAW, OR OF AGGRAVATED
13 PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
14 SECTION 230.13 OF THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
15 FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12 OF
16 THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
17 THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and the
18 defendant controverts an allegation that the victim of such offense was
19 less than eighteen years [of age or, in the case of a conviction under
20 section 230.04 of the penal law, less than seventeen years of age] OLD,
21 the court, without a jury, shall, prior to sentencing, conduct a hear-
22 ing, and the people may prove by clear and convincing evidence that the
23 victim was less than eighteen years [of age] OLD or less than seventeen
24 years [of age] OLD, as applicable, by any evidence admissible under the
25 rules applicable to a trial of the issue of guilt. The court in addition
26 to such admissible evidence may also consider reliable hearsay evidence
27 submitted by either party provided that it is relevant to the determi-
28 nation of the age of the victim. Facts concerning the age of the victim
29 proven at trial or ascertained at the time of entry of a plea of guilty
30 shall be deemed established by clear and convincing evidence and shall
31 not be relitigated. At the conclusion of the hearing, or if the defend-
32 ant does not controvert an allegation that the victim of the offense was
33 less than eighteen years [of age] OLD or less than seventeen years [of
34 age] OLD, as applicable, the court must make a finding and enter an
35 order setting forth the age of the victim. If the court finds that the
36 victim of such offense was under eighteen years [of age] OLD or under
37 seventeen years [of age] OLD, as applicable, the court shall certify the
38 defendant as a sex offender, the provisions of paragraph (a) of this
39 subdivision shall apply and the defendant shall register with the divi-
40 sion in accordance with the provisions of this article.
41 S 33. Paragraph (d) of subdivision 7 of section 995 of the executive
42 law, as amended by chapter 2 of the laws of 2006, is amended to read as
43 follows:
44 (d) any of the following felonies, or an attempt thereof where such
45 attempt is a felony offense:
46 aggravated assault upon a person less than eleven years old, as
47 defined in section 120.12 of the penal law; menacing in the first
48 degree, as defined in section 120.13 of the penal law; reckless endan-
49 germent in the first degree, as defined in section 120.25 of the penal
50 law; stalking in the second degree, as defined in section 120.55 of the
51 penal law; criminally negligent homicide, as defined in section 125.10
52 of the penal law; vehicular manslaughter in the second degree, as
53 defined in section 125.12 of the penal law; vehicular manslaughter in
54 the first degree, as defined in section 125.13 of the penal law;
55 persistent sexual abuse, as defined in section 130.53 of the penal law;
56 aggravated sexual abuse in the fourth degree, as defined in section
A. 9804 10
1 130.65-a of the penal law; female genital mutilation, as defined in
2 section 130.85 of the penal law; facilitating a sex offense with a
3 controlled substance, as defined in section 130.90 of the penal law;
4 unlawful imprisonment in the first degree, as defined in section 135.10
5 of the penal law; custodial interference in the first degree, as defined
6 in section 135.50 of the penal law; criminal trespass in the first
7 degree, as defined in section 140.17 of the penal law; criminal tamper-
8 ing in the first degree, as defined in section 145.20 of the penal law;
9 tampering with a consumer product in the first degree, as defined in
10 section 145.45 of the penal law; robbery in the third degree as defined
11 in section 160.05 of the penal law; identity theft in the second degree,
12 as defined in section 190.79 of the penal law; identity theft in the
13 first degree, as defined in section 190.80 of the penal law; promoting
14 prison contraband in the first degree, as defined in section 205.25 of
15 the penal law; tampering with a witness in the third degree, as defined
16 in section 215.11 of the penal law; tampering with a witness in the
17 second degree, as defined in section 215.12 of the penal law; tampering
18 with a witness in the first degree, as defined in section 215.13 of the
19 penal law; criminal contempt in the first degree, as defined in subdivi-
20 sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
21 criminal contempt, as defined in section 215.52 of the penal law; bail
22 jumping in the second degree, as defined in section 215.56 of the penal
23 law; bail jumping in the first degree, as defined in section 215.57 of
24 the penal law; patronizing a [prostitute] PERSON FOR PROSTITUTION in the
25 second degree, as defined in section 230.05 of the penal law; patroniz-
26 ing a [prostitute] PERSON FOR PROSTITUTION in the first degree, as
27 defined in section 230.06 of the penal law; AGGRAVATED PATRONIZING A
28 MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
29 OF THE PENAL LAW; AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
30 SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THE PENAL LAW; promoting
31 prostitution in the second degree, as defined in section 230.30 of the
32 penal law; promoting prostitution in the first degree, as defined in
33 section 230.32 of the penal law; compelling prostitution, as defined in
34 section 230.33 of the penal law; disseminating indecent [materials]
35 MATERIAL to minors in the second degree, as defined in section 235.21 of
36 the penal law; disseminating indecent [materials] MATERIAL to minors in
37 the first degree, as defined in section 235.22 of the penal law; riot in
38 the first degree, as defined in section 240.06 of the penal law; crimi-
39 nal anarchy, as defined in section 240.15 of the penal law; aggravated
40 harassment of an employee by an inmate, as defined in section 240.32 of
41 the penal law; unlawful surveillance in the second degree, as defined in
42 section 250.45 of the penal law; unlawful surveillance in the first
43 degree, as defined in section 250.50 of the penal law; endangering the
44 welfare of a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY
45 DISABLED PERSON in the second degree, as defined in section 260.32 of
46 the penal law; endangering the welfare of a vulnerable elderly person,
47 OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the first degree, as
48 defined in section 260.34 of the penal law; use of a child in a sexual
49 performance, as defined in section 263.05 of the penal law; promoting an
50 obscene sexual performance by a child, as defined in section 263.10 of
51 the penal law; possessing an obscene sexual performance by a child, as
52 defined in section 263.11 of the penal law; promoting a sexual perform-
53 ance by a child, as defined in section 263.15 of the penal law; possess-
54 ing a sexual performance by a child, as defined in section 263.16 of the
55 penal law; criminal possession of a weapon in the third degree, as
56 defined in section 265.02 of the penal law; criminal sale of a firearm
A. 9804 11
1 in the third degree, as defined in section 265.11 of the penal law;
2 criminal sale of a firearm to a minor, as defined in section 265.16 of
3 the penal law; unlawful wearing of a body vest, as defined in section
4 270.20 of the penal law; hate crimes as defined in section 485.05 of the
5 penal law; and crime of terrorism, as defined in section 490.25 of the
6 penal law; or
7 S 34. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
8 and traffic law, as amended by chapter 400 of the laws of 2011, is
9 amended to read as follows:
10 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
11 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
12 of this section that result in disqualification for a period of five
13 years shall include a conviction under sections 100.10, 105.13, 115.05,
14 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
15 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
16 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
17 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
18 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
19 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
20 of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
21 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
22 the aforesaid offenses under section 110.00 of the penal law, or any
23 similar offenses committed under a former section of the penal law, or
24 any offenses committed under a former section of the penal law which
25 would constitute violations of the aforesaid sections of the penal law,
26 or any offenses committed outside this state which would constitute
27 violations of the aforesaid sections of the penal law.
28 S 35. Section 2324-a of the public health law, as amended by chapter
29 260 of the laws of 1978, is amended to read as follows:
30 S 2324-a. Presumptive evidence. For the purposes of this title, two
31 or more convictions of any person or persons had, within a period of one
32 year, for any of the offenses described in section 230.00, 230.04,
33 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],
34 230.30 OR 230.32 of the penal law arising out of conduct engaged in at
35 the same real property consisting of a dwelling as that term is defined
36 in subdivision four of section four of the multiple dwelling law shall
37 be presumptive evidence of conduct constituting use of the premises for
38 purposes of prostitution.
39 S 36. Subdivision 2 of section 715 of the real property actions and
40 proceedings law, as added by chapter 494 of the laws of 1976, is amended
41 to read as follows:
42 2. For purposes of this section, two or more convictions of any person
43 or persons had, within a period of one year, for any of the offenses
44 described in section 230.00, 230.04, 230.05, 230.06, 230.08, 230.11,
45 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal
46 law arising out of conduct engaged in at the same real property consist-
47 ing of a dwelling as that term is defined in subdivision four of section
48 four of the multiple dwelling law shall be presumptive evidence of
49 conduct constituting use of the premises for purposes of prostitution.
50 S 37. Subdivision 3 of section 231 of the real property law, as
51 amended by chapter 203 of the laws of 1980, is amended to read as
52 follows:
53 3. For the purposes of this section, two or more convictions of any
54 person or persons had, within a period of one year, for any of the
55 offenses described in section 230.00, 230.04, 230.05, 230.06, 230.08,
56 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the
A. 9804 12
1 penal law arising out of conduct engaged in at the same premises
2 consisting of a dwelling as that term is defined in subdivision four of
3 section four of the multiple dwelling law shall be presumptive evidence
4 of unlawful use of such premises and of the owners knowledge of the
5 same.
6 S 38. This act shall take effect on the ninetieth day after it shall
7 have become a law.
