Bill Text: NY S04233 | 2013-2014 | General Assembly | Introduced
Bill Title: Makes various amendments to provisions relating to prostitution offenses; creates crimes of aggravated partronizing a minor for prostitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S04233 Detail]
Download: New_York-2013-S04233-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4233
2013-2014 Regular Sessions
I N S E N A T E
March 15, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed 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 vehicle
and traffic law, the public health law, the real property actions and
proceedings law, the real property law, the civil rights law, the
multiple dwelling law and the family court act, in relation to prosti-
tution offenses; to amend chapter 74 of the laws of 2007 amending the
penal law, the criminal procedure law, the correction law, the social
services law, and the executive law relating to human trafficking, in
relation to extending the interagency task force on human trafficking
for two years 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. Section 60.13 of the penal law, as added by chapter 7 of
2 the laws of 2007, is amended to read as follows:
3 S 60.13 Authorized dispositions; felony sex offenses.
4 When a person is to be sentenced upon a conviction for any felony
5 defined in article one hundred thirty of this chapter, including a sexu-
6 ally motivated felony, or patronizing a [prostitute] PERSON FOR PROSTI-
7 TUTION in the SECOND DEGREE, AS DEFINED IN SECTION 230.05 OF THIS CHAP-
8 TER, PATRONIZING A PERSON FOR PROSTITUTION IN THE first degree as
9 defined in section 230.06 of this chapter, AGGRAVATED PATRONIZING A
10 MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11
11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
12 SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THIS CHAPTER, AGGRAVATED
13 PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
14 SECTION 230.13 OF THIS CHAPTER, incest in the second degree as defined
15 in section 255.26 of this chapter, or incest in the first degree as
16 defined in section 255.27 of this chapter, or a felony attempt or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-07-3
S. 4233 2
1 conspiracy to commit any of these crimes, the court must sentence the
2 defendant in accordance with the provisions of section 70.80 of this
3 title.
4 S 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
5 as amended by chapter 320 of the laws of 2006, is amended to read as
6 follows:
7 (a) Class B violent felony offenses: an attempt to commit the class
8 A-I felonies of murder in the second degree as defined in section
9 125.25, kidnapping in the first degree as defined in section 135.25, and
10 arson in the first degree as defined in section 150.20; manslaughter in
11 the first degree as defined in section 125.20, aggravated manslaughter
12 in the first degree as defined in section 125.22, rape in the first
13 degree as defined in section 130.35, criminal sexual act in the first
14 degree as defined in section 130.50, aggravated sexual abuse in the
15 first degree as defined in section 130.70, course of sexual conduct
16 against a child in the first degree as defined in section 130.75;
17 assault in the first degree as defined in section 120.10, kidnapping in
18 the second degree as defined in section 135.20, burglary in the first
19 degree as defined in section 140.30, arson in the second degree as
20 defined in section 150.15, robbery in the first degree as defined in
21 section 160.15, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33,
22 SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in the first degree
23 as defined in section 255.27, criminal possession of a weapon in the
24 first degree as defined in section 265.04, criminal use of a firearm in
25 the first degree as defined in section 265.09, criminal sale of a
26 firearm in the first degree as defined in section 265.13, aggravated
27 assault upon a police officer or a peace officer as defined in section
28 120.11, gang assault in the first degree as defined in section 120.07,
29 intimidating a victim or witness in the first degree as defined in
30 section 215.17, hindering prosecution of terrorism in the first degree
31 as defined in section 490.35, criminal possession of a chemical weapon
32 or biological weapon in the second degree as defined in section 490.40,
33 and criminal use of a chemical weapon or biological weapon in the third
34 degree as defined in section 490.47.
35 S 3. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
36 as added by chapter 7 of the laws of 2007, is amended to read as
37 follows:
38 (a) For the purposes of this section, a "felony sex offense" means a
39 conviction of any felony defined in article one hundred thirty of this
40 chapter, including a sexually motivated felony, or patronizing a [pros-
41 titute] PERSON FOR PROSTITUTION in the first degree as defined in
42 section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
43 THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
44 VATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
45 DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
46 MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
47 OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
48 FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
49 second degree as defined in section 255.26 of this chapter, or incest in
50 the first degree as defined in section 255.27 of this chapter, or a
51 felony attempt or conspiracy to commit any of the above.
52 S 4. The closing paragraph of section 135.35 of the penal law, as
53 added by chapter 74 of the laws of 2007, is amended to read as follows:
54 Labor trafficking is a class [D] B felony.
55 S 5. The penal law is amended by adding a new section 230.01 to read
56 as follows:
S. 4233 3
1 S 230.01 PROSTITUTION; DEFENSE.
2 IN ANY PROSECUTION UNDER SECTION 230.00 OR SUBDIVISION THREE OF
3 SECTION 240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT THE
4 DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
5 VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34 OF THIS ARTICLE OR A
6 VICTIM OF TRAFFICKING IN PERSONS UNDER THE TRAFFICKING VICTIMS
7 PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
8 S 6. The section heading and subdivision 1 of section 230.02 of the
9 penal law, as amended by chapter 627 of the laws of 1978, are amended to
10 read as follows:
11 Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
12 1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
13 (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
14 person as compensation for such person or a third person having engaged
15 in sexual conduct with him OR HER; or
16 (b) He OR SHE pays or agrees to pay a fee to another person pursuant
17 to an understanding that in return therefor such person or a third
18 person will engage in sexual conduct with him OR HER; or
19 (c) He OR SHE solicits or requests another person to engage in sexual
20 conduct with him OR HER in return for a fee.
21 S 7. Subdivision 2 of section 230.03 of the penal law, as added by
22 chapter 191 of the laws of 2011, is amended to read as follows:
23 2. For the purposes of this section, SECTION 230.08 and section 230.19
24 of this article, "school zone" means (a) in or on or within any build-
25 ing, structure, athletic playing field, playground or land contained
26 within the real property boundary line of a public or private elementa-
27 ry, parochial, intermediate, junior high, vocational, or high school, or
28 (b) any public sidewalk, street, parking lot, park, playground or
29 private land, located immediately adjacent to the boundary line of such
30 school.
31 S 8. Section 230.04 of the penal law, as amended by chapter 74 of the
32 laws of 2007, is amended to read as follows:
33 S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
34 degree.
35 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
36 TION in the third degree when he or she patronizes a [prostitute] PERSON
37 FOR PROSTITUTION.
38 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
39 is a class A misdemeanor.
40 S 9. Section 230.05 of the penal law, as added by chapter 627 of the
41 laws of 1978, is amended to read as follows:
42 S 230.05 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the
43 second degree.
44 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
45 TION in the second degree when, being [over] eighteen years [of age] OLD
46 OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
47 the person patronized is less than [fourteen] FIFTEEN years [of age]
48 OLD.
49 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the second
50 degree is a class E felony.
51 S 10. Section 230.06 of the penal law, as added by chapter 627 of the
52 laws of 1978, is amended to read as follows:
53 S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
54 degree.
55 A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
56 TION in the first degree when [he patronizes a prostitute and the person
S. 4233 4
1 patronized is less than eleven years of age], BEING EIGHTEEN YEARS OLD
2 OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON
3 PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
4 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
5 is a class D felony.
6 S 11. Section 230.07 of the penal law is REPEALED and a new section
7 230.08 is added to read as follows:
8 S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
9 1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
10 SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
11 PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06 OF THIS
12 ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
13 2. FOR PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
14 ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
15 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
16 FELONY.
17 S 12. The section heading and the opening paragraph of section 230.10
18 of the penal law are amended to read as follows:
19 Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION; no
20 defense.
21 In any prosecution for prostitution or patronizing a [prostitute]
22 PERSON FOR PROSTITUTION, the sex of the two parties or prospective
23 parties to the sexual conduct engaged in, contemplated or solicited is
24 immaterial, and it is no defense that:
25 S 13. The penal law is amended by adding three new sections 230.11,
26 230.12 and 230.13 to read as follows:
27 S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD
28 DEGREE.
29 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
30 IN THE THIRD DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
31 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
32 THAN EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
33 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
34 VATED SEXUAL CONDUCT.
35 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
36 A CLASS E FELONY.
37 S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND
38 DEGREE.
39 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
40 IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
41 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
42 THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
43 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
44 VATED SEXUAL CONDUCT.
45 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
46 IS A CLASS D FELONY.
47 S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
48 DEGREE.
49 A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
50 IN THE FIRST DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
51 PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
52 THAN THIRTEEN YEARS OLD, AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
53 SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
54 VATED SEXUAL CONDUCT.
55 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
56 A CLASS B FELONY.
S. 4233 5
1 S 14. 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 15. 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] EIGHTEEN years [of age] OLD or [older] MORE, he or she
21 knowingly advances or profits from prostitution [that he or she knows or
22 reasonably should know is or will be committed in violation of section
23 230.03 of this article] in a school zone during the hours that school is
24 in session.
25 S 16. 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] EIGHTEEN years old.
45 S 17. Section 230.30 of the penal law, as amended by chapter 627 of
46 the laws of 1978, is amended to read as follows:
47 S 230.30 Promoting prostitution in the second degree.
48 A person is guilty of promoting prostitution in the second degree when
49 he OR SHE knowingly:
50 1. Advances prostitution by compelling a person by force or intim-
51 idation to engage in prostitution, or profits from such coercive conduct
52 by another; or
53 2. Advances or profits from prostitution of a person less than
54 [sixteen] FIFTEEN years old; OR
S. 4233 6
1 3. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
2 CARE AND CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD, ADVANCES OR
3 PROFITS FROM PROSTITUTION OF SUCH CHILD.
4 Promoting prostitution in the second degree is a class C felony.
5 S 18. The first undesignated paragraph of section 230.32 of the penal
6 law, as added by chapter 627 of the laws of 1978, is amended to read as
7 follows:
8 A person is guilty of promoting prostitution in the first degree when
9 he OR SHE knowingly [advances]:
10 1. ADVANCES or profits from prostitution of a person less than [elev-
11 en] THIRTEEN years old[.]; OR
12 2. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
13 CARE AND CUSTODY OF A CHILD LESS THAN FIFTEEN YEARS OLD, ADVANCES OR
14 PROFITS FROM PROSTITUTION OF SUCH CHILD.
15 S 19. Section 230.33 of the penal law, as added by chapter 450 of the
16 laws of 2005, is amended to read as follows:
17 S 230.33 Compelling prostitution.
18 A person is guilty of compelling prostitution when, being [twenty-one]
19 EIGHTEEN years [of age or older] OLD OR MORE, he or she knowingly
20 advances prostitution by compelling a person less than [sixteen] EIGH-
21 TEEN years old, by force or intimidation, to engage in prostitution.
22 Compelling prostitution is a class B felony.
23 S 20. Subdivision 1 and paragraph (h) of subdivision 5 of section
24 230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
25 amended and a new subdivision 6 is added to read as follows:
26 1. unlawfully providing to a person who is patronized, with intent to
27 impair said person's judgment: (a) a narcotic drug or a narcotic prepa-
28 ration; (b) MARIJUANA OR concentrated cannabis as defined in paragraph
29 (a) of subdivision four of section thirty-three hundred two of the
30 public health law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB)
31 or flunitrazepan, also known as Rohypnol; OR (E) METHYLENEDIOXYMETH-
32 AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
33 (h) perform any other act which would not in itself materially benefit
34 the actor but which is calculated to harm the person who is patronized
35 materially with respect to his or her health, safety, or immigration
36 status[.]; OR
37 6. KNOWINGLY ADVANCING PROSTITUTION OF A PERSON LESS THAN EIGHTEEN
38 YEARS OLD.
39 S 21. Section 230.35 of the penal law, as amended by chapter 450 of
40 the laws of 2005, is amended to read as follows:
41 S 230.35 Promoting or compelling prostitution; accomplice.
42 In a prosecution for promoting prostitution or compelling prostitu-
43 tion, a person less than [seventeen] EIGHTEEN years [of age] OLD from
44 whose prostitution activity another person is alleged to have advanced
45 or attempted to advance or profited or attempted to profit shall not be
46 deemed to be an accomplice.
47 S 22. The first undesignated paragraph of section 230.40 of the penal
48 law is amended to read as follows:
49 A person is guilty of permitting prostitution when, having possession
50 or control of premises OR VEHICLE which he OR SHE knows are being used
51 for prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
52 he OR SHE fails to make reasonable effort to halt or abate such use.
53 S 23. Subdivision 2 of section 240.37 of the penal law, as added by
54 chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
55 subdivision 6 and three new subdivisions 3, 4 and 5 are added to read as
56 follows:
S. 4233 7
1 2. Any person who remains or wanders about in a public place and
2 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
3 stop, or repeatedly attempts to engage passers-by in conversation, or
4 repeatedly stops or attempts to stop motor vehicles, or repeatedly
5 interferes with the free passage of other persons, for the purpose of
6 prostitution[, or of patronizing a prostitute as those terms are] AS
7 THAT TERM IS defined in article two hundred thirty of [the penal law]
8 THIS PART, shall be guilty of a violation and is guilty of a class B
9 misdemeanor if such person has previously been convicted of a violation
10 of this section or of [sections] SECTION 230.00 [or 230.05] of [the
11 penal law] THIS PART.
12 3. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC PLACE AND
13 REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
14 STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
15 REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY
16 INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
17 PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
18 THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
19 MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
20 OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06, 230.08, 230.11,
21 230.12, OR 230.13 OF THIS PART.
22 4. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A SCHOOL ZONE, AS SUCH
23 TERM IS DEFINED IN SECTION 230.03 OF THIS PART, AND REPEATEDLY BECKONS
24 TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO STOP, OR REPEATEDLY
25 ATTEMPTS TO ENGAGE PASSERSBY IN CONVERSATION, REPEATEDLY STOPS OR
26 ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY INTERFERES WITH THE FREE
27 PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF PROSTITUTION AS THE TERM IS
28 DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THIS PART, SHALL BE GUILTY OF A
29 CLASS B MISDEMEANOR AND IS GUILTY OF A CLASS A MISDEMEANOR IF SUCH
30 PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION OR
31 OF SECTION 230.00 OF THIS PART.
32 5. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A SCHOOL ZONE, AS THE
33 TERM IS DEFINED IN SECTION 230.03 OF THIS PART, AND REPEATEDLY BECKONS
34 TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO STOP, OR REPEATEDLY
35 ATTEMPTS TO ENGAGE PASSERSBY IN CONVERSATION, OR REPEATEDLY STOPS OR
36 ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY INTERFERES WITH THE FREE
37 PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF PATRONIZING A PERSON FOR
38 PROSTITUTION AS DEFINED IN SECTION 230.02 OF THIS PART, SHALL BE GUILTY
39 OF A CLASS B MISDEMEANOR AND IS GUILTY OF A CLASS A MISDEMEANOR IF SUCH
40 PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION OR
41 OF SECTION 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, OR 230.13 OF
42 THIS PART.
43 S 24. The section heading of section 170.15 of the criminal procedure
44 law, as amended by chapter 661 of the laws of 1972, is amended and a new
45 subdivision 5 is added to read as follows:
46 Removal of action from [one local] criminal court to another COURT.
47 5. (A) WHEN A DEFENDANT WHO IS LESS THAN EIGHTEEN YEARS OLD AND
48 ALLEGED TO HAVE ENGAGED IN ANY ACT DEFINED IN SECTION 230.00 OR SUBDIVI-
49 SION TWO OR THREE OF SECTION 240.37 OF THE PENAL LAW IS BROUGHT FOR
50 ARRAIGNMENT UPON AN INFORMATION, SIMPLIFIED INFORMATION OR MISDEMEANOR
51 COMPLAINT CHARGING SUCH OFFENSE, THE COURT MUST ORDER THE ACTION REMOVED
52 TO FAMILY COURT FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH ARTICLE SEVEN
53 OF THE FAMILY COURT ACT. THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF
54 THE PLEADINGS AND PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF THE
55 SAME, BE TRANSFERRED TO THE DESIGNATED FAMILY COURT AND BE DELIVERED TO
56 AND FILED WITH THE CLERK OF THAT COURT. THE PROCEDURES SET FORTH IN
S. 4233 8
1 SECTIONS 725.10, 725.15 AND 725.20 OF THIS CHAPTER FOR TRANSFER AND
2 SEALING OF RECORDS SHALL APPLY TO THIS PROVISION WHENEVER APPLICABLE.
3 (B) THE COURT MUST INFORM THE DEFENDANT OF THE AVAILABILITY OF
4 SERVICES UNDER SECTION FOUR HUNDRED FORTY-SEVEN-B OF THE SOCIAL SERVICES
5 LAW.
6 S 25. Subdivision 6 of section 380.50 of the criminal procedure law,
7 as amended by chapter 320 of the laws of 2006, is amended to read as
8 follows:
9 6. Regardless of whether the victim requests to make a statement with
10 regard to the defendant's sentence, where the defendant is sentenced for
11 a violent felony offense as defined in section 70.02 of the penal law or
12 a felony defined in article one hundred twenty-five of such law or any
13 of the following provisions of such law: sections 130.25, 130.30,
14 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
15 135.10, 135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
16 subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
17 in sixty days of the imposition of sentence, provide the victim with a
18 form on which the victim may indicate a demand to be informed of any
19 petition to change the name of such defendant. Such forms shall be
20 maintained by such prosecutor. Upon receipt of a notice of a petition to
21 change the name of any such defendant, pursuant to subdivision two of
22 section sixty-two of the civil rights law, the prosecutor shall promptly
23 notify the victim at the most current address or telephone number
24 provided by such victim in the most reasonable and expedient possible
25 manner of the time and place such petition will be presented to the
26 court.
27 S 26. The opening paragraph of paragraph (i) of subdivision 1 of
28 section 440.10 of the criminal procedure law, as added by chapter 332 of
29 the laws of 2010, is amended to read as follows:
30 The judgment is a conviction where the arresting charge was under
31 section 240.37 (loitering for the purpose of engaging in a prostitution
32 offense, provided that the defendant was not alleged to be loitering for
33 the purpose of patronizing a [prostitute] PERSON FOR PROSTITUTION or
34 promoting prostitution) or 230.00 (prostitution) of the penal law, and
35 the defendant's participation in the offense was a result of having been
36 a victim of sex trafficking under section 230.34 of the penal law or
37 trafficking in persons under the Trafficking Victims Protection Act
38 (United States Code, title 22, chapter 78); provided that
39 S 27. Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
40 nal procedure law, as amended by chapter 154 of the laws of 1990, is
41 amended to read as follows:
42 (h) Promoting prostitution in the first degree, as defined in section
43 230.32 of the penal law, promoting prostitution in the second degree, as
44 defined by subdivision one of section 230.30 of the penal law, PROMOTING
45 PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION 230.25 OF THE
46 PENAL LAW AND COMPELLING PROSTITUTION, AS DEFINED IN SECTION 230.33 OF
47 THE PENAL LAW;
48 S 28. Section 483-bb of the social services law, as added by chapter
49 74 of the laws of 2007, is amended to read as follows:
50 S 483-bb. Services for victims of human trafficking. (a) The office of
51 temporary and disability assistance [may] SHALL, UPON REQUEST, coordi-
52 nate with and assist law enforcement agencies and district attorney's
53 offices to access appropriate services for human trafficking victims.
54 (b) In providing such assistance, the office of temporary and disabil-
55 ity assistance may enter into contracts with non-government organiza-
56 tions for providing services to pre-certified victims of human traffick-
S. 4233 9
1 ing as defined in subdivision (b) of section four hundred
2 eighty-three-aa of this article[, insofar as funds are available for
3 that purpose]. Such services may include, but are not limited to, case
4 management, emergency temporary housing, health care, mental health
5 counseling, drug addiction screening and treatment, language interpreta-
6 tion and translation services, English language instruction, job train-
7 ing and placement assistance, post-employment services for job
8 retention, and services to assist the individual and any of his or her
9 family members to establish a permanent residence in New York state or
10 the United States. Nothing in this section shall preclude the office of
11 temporary and disability assistance, or any local social services
12 district, from providing human trafficking victims who are United States
13 citizens or human trafficking victims who meet the criteria pursuant to
14 section one hundred twenty-two of this chapter with any benefits or
15 services for which they otherwise may be eligible.
16 S 29. Subdivision (a) of section 483-cc of the social services law, as
17 added by chapter 74 of the laws of 2007, is amended to read as follows:
18 (a) As soon as practicable after a first encounter with a person who
19 reasonably appears to a law enforcement agency [or a], district attor-
20 ney's office, OR AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
21 DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
22 OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
23 victim, that agency [or], office OR PROVIDER shall notify the office of
24 temporary and disability assistance and the division of criminal justice
25 services that such person may be eligible for services under this arti-
26 cle.
27 S 30. Subdivision (p) of section 10.03 of the mental hygiene law, as
28 added by chapter 7 of the laws of 2007, is amended to read as follows:
29 (p) "Sex offense" means an act or acts constituting: (1) any felony
30 defined in article one hundred thirty of the penal law, including a
31 sexually motivated felony; (2) patronizing a [prostitute] PERSON FOR
32 PROSTITUTION IN THE SECOND DEGREE, AS DEFINED IN SECTION 230.05 OF THE
33 PENAL LAW, PATRONIZING A PERSON FOR PROSTITUTION in the first degree as
34 defined in section 230.06 of the penal law, AGGRAVATED PATRONIZING A
35 MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
36 OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
37 SECOND DEGREE AS DEFINED IN SECTION 230.12 OF THE PENAL LAW, AGGRAVATED
38 PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN
39 SECTION 230.11 OF THE PENAL LAW, incest in the second degree as defined
40 in section 255.26 of the penal law, or incest in the first degree as
41 defined in section 255.27 of the penal law; (3) a felony attempt or
42 conspiracy to commit any of the foregoing offenses set forth in this
43 subdivision; or (4) a designated felony, as defined in subdivision (f)
44 of this section, if sexually motivated and committed prior to the effec-
45 tive date of this article.
46 S 31. Subparagraph (i) of paragraph (a) of subdivision 2 of section
47 168-a of the correction law, as amended by chapter 405 of the laws of
48 2008, 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,] 250.50, 255.25, 255.26 and 255.27 or article
52 two hundred sixty-three of the penal law, or section 135.05, 135.10,
53 135.20 or 135.25 of such law relating to kidnapping offenses, provided
54 the victim of such kidnapping or related offense is less than seventeen
55 years old and the offender is not the parent of the victim, or section
56 230.04, [where the person patronized is in fact less than seventeen
S. 4233 10
1 years of age,] 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13,
2 [subdivision two of section] 230.30, [or section] 230.32 [or], 230.33,
3 OR 230.34 of the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
4 PERSON PROSTITUTED IS IN FACT LESS THAN EIGHTEEN YEARS OLD, or
5 S 32. Paragraph (b) of subdivision 1 of section 168-d of the
6 correction law, as amended by chapter 74 of the laws of 2007, is amended
7 to read as follows:
8 (b) Where a defendant stands convicted of an offense defined in para-
9 graph (b) of subdivision two of section one hundred sixty-eight-a of
10 this article or where the defendant was convicted of patronizing a
11 [prostitute] PERSON FOR PROSTITUTION in the third degree under section
12 230.04 of the penal law OR OF PATRONIZING A PERSON FOR PROSTITUTION IN
13 THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
14 ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
15 OF THE PENAL LAW, OR OF PATRONIZING A PERSON FOR PROSTITUTION IN A
16 SCHOOL ZONE UNDER SECTION 230.08 OF THE PENAL LAW, OR OF AGGRAVATED
17 PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
18 SECTION 230.13 OF THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
19 FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12 OF
20 THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
21 THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and the
22 defendant controverts an allegation that the victim of such offense was
23 less than eighteen years [of age or, in the case of a conviction under
24 section 230.04 of the penal law, less than seventeen years of age] OLD,
25 the court, without a jury, shall, prior to sentencing, conduct a hear-
26 ing, and the people may prove by clear and convincing evidence that the
27 victim was less than eighteen years [of age or less than seventeen years
28 of age, as applicable] OLD, by any evidence admissible under the rules
29 applicable to a trial of the issue of guilt. The court in addition to
30 such admissible evidence may also consider reliable hearsay evidence
31 submitted by either party provided that it is relevant to the determi-
32 nation of the age of the victim. Facts concerning the age of the victim
33 proven at trial or ascertained at the time of entry of a plea of guilty
34 shall be deemed established by clear and convincing evidence and shall
35 not be relitigated. At the conclusion of the hearing, or if the defend-
36 ant does not controvert an allegation that the victim of the offense was
37 less than eighteen years [of age or less than seventeen years of age, as
38 applicable] OLD, the court must make a finding and enter an order
39 setting forth the age of the victim. If the court finds that the victim
40 of such offense was under eighteen years [of age or under seventeen
41 years of age as applicable] OLD, the court shall certify the defendant
42 as a sex offender, the provisions of paragraph (a) of this subdivision
43 shall apply and the defendant shall register with the division in
44 accordance with the provisions of this article.
45 S 33. Subparagraph (v) of paragraph (b) of subdivision 1 of section
46 509-c of the vehicle and traffic law, as amended by chapter 345 of the
47 laws of 2007, is amended to read as follows:
48 (v) has been convicted of a violation of section 120.04, 120.04-a,
49 125.13, 125.14 [or], 235.07 OR 230.34 of the penal law.
50 S 34. Subparagraph (iv) of paragraph (b) of subdivision 2 of section
51 509-c of the vehicle and traffic law, as amended by chapter 345 of the
52 laws of 2007, is amended to read as follows:
53 (iv) has been convicted of a violation of section 120.04, 120.04-a,
54 125.13 [or], 125.14, 235.07 OR 230.34 of the penal law.
S. 4233 11
1 S 35. Paragraphs (a) and (c) of subdivision 4 of section 509-cc of the
2 vehicle and traffic law, as amended by chapter 400 of the laws of 2011,
3 are amended to read as follows:
4 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
5 subdivision one and paragraph (a) of subdivision two of this section
6 that result in permanent disqualification shall include a conviction
7 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
8 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66,
9 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
10 230.30, 230.32, 230.33, 230.34, 235.22, 263.05, 263.10, 263.11, 263.15,
11 263.16 of the penal law or an attempt to commit any of the aforesaid
12 offenses under section 110.00 of the penal law, or any offenses commit-
13 ted under a former section of the penal law which would constitute
14 violations of the aforesaid sections of the penal law, or any offenses
15 committed outside this state which would constitute violations of the
16 aforesaid sections of the penal law.
17 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
18 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
19 of this section that result in disqualification for a period of five
20 years shall include a conviction under sections 100.10, 105.13, 115.05,
21 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
22 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
23 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
24 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
25 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
26 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
27 of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
28 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
29 the aforesaid offenses under section 110.00 of the penal law, or any
30 similar offenses committed under a former section of the penal law, or
31 any offenses committed under a former section of the penal law which
32 would constitute violations of the aforesaid sections of the penal law,
33 or any offenses committed outside this state which would constitute
34 violations of the aforesaid sections of the penal law.
35 S 36. Section 2324-a of the public health law, as amended by chapter
36 260 of the laws of 1978, is amended to read as follows:
37 S 2324-a. Presumptive evidence. For the purposes of this title, two
38 or 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, 230.04,
40 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],
41 230.30, 230.32, 230.33, 230.34 OR 230.40 of the penal law arising out of
42 conduct engaged in at the same real property consisting of a dwelling as
43 that term is defined in subdivision four of section four of the multiple
44 dwelling law shall be presumptive evidence of conduct constituting use
45 of the premises for purposes of prostitution.
46 S 37. Subdivision 2 of section 715 of the real property actions and
47 proceedings law, as added by chapter 494 of the laws of 1976, is amended
48 to read as follows:
49 2. For purposes of this section, two or more convictions of any person
50 or persons had, within a period of one year, for any of the offenses
51 described in section 230.00, 230.04, 230.05, 230.06, 230.08, 230.11,
52 230.12, 230.13, 230.20, 230.25, 230.30, 230.32, 230.33, 230.34, or
53 230.40 of the penal law arising out of conduct engaged in at the same
54 real property consisting of a dwelling as that term is defined in subdi-
55 vision four of section four of the multiple dwelling law shall be
S. 4233 12
1 presumptive evidence of conduct constituting use of the premises for
2 purposes of prostitution.
3 S 38. Subdivision 3 of section 231 of the real property law, as
4 amended by chapter 203 of the laws of 1980, is amended to read as
5 follows:
6 3. For the purposes of this section, two or more convictions of any
7 person or persons had, within a period of one year, for any of the
8 offenses described in section 230.00, 230.04, 230.05, 230.06, 230.08,
9 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32, 230.33, 230.34
10 or 230.40 of the penal law arising out of conduct engaged in at the same
11 premises consisting of a dwelling as that term is defined in subdivision
12 four of section four of the multiple dwelling law shall be presumptive
13 evidence of unlawful use of such premises and of the owners knowledge of
14 the same.
15 S 39. Subdivision (c) of section 483-ee of the social services law, as
16 added by chapter 74 of the laws of 2007, is amended to read as follows:
17 (c) One year from the effective date of this section, or earlier if
18 deemed appropriate, the task force shall report to the governor and the
19 legislature on these issues, and it shall thereafter issue such reports
20 [and recommendations as it deems necessary to carry out its duties and
21 responsibilities] NO LATER THAN THE FIRST DAY OF EACH CALENDAR YEAR.
22 SUCH REPORTS SHALL INCLUDE: (1) STATISTICS DISCLOSING THE AGGREGATE
23 NUMBER OF VICTIMS OF HUMAN TRAFFICKING IN THE STATE AND THE AGGREGATE
24 NUMBER OF PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE VICTIMS OF HUMAN
25 TRAFFICKING, PROVIDED THAT BOTH AGGREGATE NUMBERS SHALL INCLUDE THE
26 DISTRIBUTION OF VICTIMS BY SEX, RACE, AND TYPE OF TRAFFICKING, WITH SUCH
27 TYPES BEING LABOR OR SEX; (2) STATISTICS DISCLOSING THE AGGREGATE NUMBER
28 OF VICTIMS OF HUMAN TRAFFICKING WHO WERE OFFERED SOCIAL SERVICES AND THE
29 AGGREGATE NUMBER OF VICTIMS OF HUMAN TRAFFICKING WHO ACCEPTED SOCIAL
30 SERVICES, PROVIDED THAT BOTH AGGREGATE NUMBERS SHALL INCLUDE THE
31 DISTRIBUTION OF VICTIMS RECEIVING SOCIAL SERVICES BY TYPE OF SOCIAL
32 SERVICE, AGE, SEX, RACE, AND TYPE OF TRAFFICKING, WITH SUCH TYPES BEING
33 LABOR OR SEX; (3) STATISTICS DISCLOSING THE AGGREGATE NUMBER OF CRIMINAL
34 PROCEEDINGS BROUGHT PURSUANT TO SECTION 130.35 OR 230.34 OF THE PENAL
35 LAW, THE AGGREGATE NUMBER OF CONVICTIONS BROKEN DOWN BY PENAL LAW
36 SECTION, AND THE DISTRIBUTION OF THE SENTENCES RECEIVED BROKEN DOWN BY
37 PENAL LAW SECTION; (4) UPDATES OF THE EFFECTIVENESS OF THE STATE'S
38 TRAINING EFFORTS THAT ARE EVALUATED PURSUANT TO PARAGRAPH SIX OF SUBDI-
39 VISION (B) OF THIS SECTION; (5) PROGRESS ON THE ESTABLISHMENT AND IMPLE-
40 MENTATION OF THE PROTOCOLS DESCRIBED IN PARAGRAPH FOUR OF SUBDIVISION
41 (B) OF THIS SECTION; (6) PROGRESS FOR THE DUTIES LISTED IN PARAGRAPHS
42 TWO, THREE, FIVE AND SEVEN OF SUBDIVISION (B) OF THIS SECTION; AND (7)
43 RECOMMENDATIONS TO STRENGTHEN THE STATE'S RESPONSE TO HUMAN TRAFFICKING.
44 S 40. Paragraph (a) of subdivision 1 of section 460.10 of the penal
45 law, as amended by chapter 405 of the laws of 2010, is amended to read
46 as follows:
47 (a) Any of the felonies set forth in this chapter: sections 120.05,
48 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
49 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
50 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
51 135.25 relating to kidnapping; section 135.35 relating to labor traf-
52 ficking; section 135.65 relating to coercion; sections 140.20, 140.25
53 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
54 relating to criminal mischief; article one hundred fifty relating to
55 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
56 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
S. 4233 13
1 care fraud; article one hundred sixty relating to robbery; sections
2 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
3 stolen property; sections 165.72 and 165.73 relating to trademark coun-
4 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
5 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
6 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
7 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
8 to criminal diversion of prescription medications and prescriptions;
9 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
10 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00,
11 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 187.20
12 and 187.25 relating to residential mortgage fraud, sections 190.40 and
13 190.42 relating to criminal usury; section 190.65 relating to schemes to
14 defraud; sections 205.60 and 205.65 relating to hindering prosecution;
15 sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
16 section 215.40 relating to tampering with physical evidence; sections
17 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
18 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
19 substances; sections 225.10 and 225.20 relating to gambling; sections
20 230.19, 230.25, 230.30, and 230.32 relating to promoting prostitution;
21 SECTION 230.33 RELATING TO COMPELLING PROSTITUTION, section 230.34
22 relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22
23 relating to obscenity; sections 263.10 and 263.15 relating to promoting
24 a sexual performance by a child; sections 265.02, 265.03, 265.04,
25 265.11, 265.12, 265.13 and the provisions of section 265.10 which
26 constitute a felony relating to firearms and other dangerous weapons;
27 and sections 265.14 and 265.16 relating to criminal sale of a firearm;
28 and section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized
29 recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to
30 money laundering; or
31 S 41. Paragraph (b) of subdivision 3 of section 427-a of the social
32 services law, as added by chapter 452 of the laws of 2007, is amended to
33 read as follows:
34 (b) reports alleging that the subject allowed, permitted or encouraged
35 a child to engage in any act described in sections 230.19, 230.25,
36 230.30 [and], 230.32, 230.33 AND 230.34 of the penal law;
37 S 42. Subdivision 2 of section 62 of the civil rights law, as amended
38 by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
39 is amended to read as follows:
40 2. If the petition be to change the name of a person currently
41 confined as an inmate in any correctional facility or currently under
42 the supervision of the department of corrections and community super-
43 vision or a county probation department as a result of a conviction for
44 a violent felony offense as defined in section 70.02 of the penal law or
45 a felony defined in article one hundred twenty-five of such law or any
46 of the following provisions of such law sections 130.25, 130.30, 130.40,
47 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
48 135.25, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, subdivision two
49 of section 230.30 [or], SECTIONS 230.32, 230.33 OR 230.34, notice of the
50 time and place when and where the petition will be presented shall be
51 served, in like manner as a notice of a motion upon an attorney in an
52 action, upon the district attorney of every county in which such person
53 has been convicted of such felony and upon the court or courts in which
54 the sentence for such felony was entered. Unless a shorter period of
55 time is ordered by the court, said notice shall be served upon each such
S. 4233 14
1 district attorney and court or courts not less than sixty days prior to
2 the date on which such petition is noticed to be heard.
3 S 43. The closing paragraph of section 64 of the civil rights law, as
4 separately amended by chapters 258, 320 and 481 of the laws of 2006, is
5 amended to read as follows:
6 Upon compliance with the order and the filing of the affidavit of the
7 publication, as provided in this section, the clerk of the court in
8 which the order has been entered shall certify that the order has been
9 complied with; and, if the petition states that the petitioner stands
10 convicted of a violent felony offense as defined in section 70.02 of the
11 penal law or a felony defined in article one hundred twenty-five of such
12 law or any of the following provisions of such law sections 130.25,
13 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred
14 sixty-three, 135.10, 135.25, 230.05, 230.06, 230.08, 230.11, 230.12,
15 230.13, subdivision two of section 230.30 [or], SECTIONS 230.32, 230.33
16 OR 230.34, such clerk (1) shall deliver, by first class mail, a copy of
17 such certified order to the division of criminal justice services at its
18 office in the county of Albany and (2) upon the clerk of the court
19 reviewing the petitioner's application for name change and subsequent
20 in-court inquiry, may, in the clerk's discretion, deliver, by first
21 class mail, the petitioner's new name with such certified order to the
22 court of competent jurisdiction which imposed the orders of support.
23 Such certification shall appear on the original order and on any certi-
24 fied copy thereof and shall be entered in the clerk's minutes of the
25 proceeding.
26 S 44. Subdivision 2 of section 61 of the civil rights law, as amended
27 by section 54 of subpart B of part C of chapter 62 of the laws of 2011,
28 is amended to read as follows:
29 2. If the petitioner stands convicted of a violent felony offense as
30 defined in section 70.02 of the penal law or a felony defined in article
31 one hundred twenty-five of such law or any of the following provisions
32 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
33 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
34 230.08, 230.11, 230.12, 230.13, subdivision two of section 230.30 [or],
35 SECTIONS 230.32, 230.33 OR 230.34, and is currently confined as an
36 inmate in any correctional facility or currently under the supervision
37 of the department of corrections and community supervision or a county
38 probation department as a result of such conviction, the petition shall
39 for each such conviction specify such felony conviction, the date of
40 such conviction or convictions, and the court in which such conviction
41 or convictions were entered.
42 S 45. Subdivision 2 of section 353 of the multiple dwelling law, as
43 amended by chapter 680 of the laws of 1967, is amended to read as
44 follows:
45 2. If there be two or more convictions in such dwelling within a peri-
46 od of six months, under sections 230.00, 230.04, 230.05, 230.06, 230.08,
47 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32, 230.33 or 230.40
48 of the penal law.
49 S 46. Paragraph (iii) of subdivision (e) of section 1012 of the family
50 court act, as amended by chapter 320 of the laws of 2006, is amended to
51 read as follows:
52 (iii) commits, or allows to be committed an offense against such child
53 defined in article one hundred thirty of the penal law; allows, permits
54 or encourages such child to engage in any act described in sections
55 230.19, 230.25, 230.30 [and], 230.32, 230.33 AND 230.34 of the penal
56 law; commits any of the acts described in sections 255.25, 255.26 and
S. 4233 15
1 255.27 of the penal law; or allows such child to engage in acts or
2 conduct described in article two hundred sixty-three of the penal law
3 provided, however, that (a) the corroboration requirements contained in
4 the penal law and (b) the age requirement for the application of article
5 two hundred sixty-three of such law shall not apply to proceedings under
6 this article.
7 S 47. Section 14 of chapter 74 of the laws of 2007, amending the penal
8 law, the criminal procedure law, the correction law, the social services
9 law, and the executive law relating to human trafficking, as amended by
10 chapter 24 of the laws of 2011, is amended to read as follows:
11 S 14. This act shall take effect on the first of November next
12 succeeding the date on which it shall have become a law; provided that
13 section 483-ee of the social services law, as added by section eleven of
14 this act, shall take effect immediately and shall remain in full force
15 and effect until September 1, [2013] 2016 when upon such date the
16 provisions of such section shall expire and be deemed repealed.
17 Provided, effective immediately, the addition, amendment and/or repeal
18 of any rule or regulation necessary for the timely implementation of the
19 provisions of article 10-D of the social services law, as added by
20 section eleven of this act, on its effective date are authorized to be
21 made on or before such effective date.
22 S 48. This act shall take effect immediately; provided, however, that
23 sections one through forty-six of this act shall take effect on the
24 ninetieth day after it shall have become a law; provided that the amend-
25 ments to section 483-ee of the social services law made by section thir-
26 ty-nine of this act shall not affect the expiration and repeal of such
27 section and shall expire and be deemed repealed therewith.
