Rpld §§230.00, 230.03 & 230.07, amd Pen L, generally; rpld §170.30 sub 4, amd CP L, generally; amd §6512, Ed
L; add §4519-b, CPLR; amd §§532-d, 214-d & 841, Exec L; amd §650, County L; amd §39, Town L; amd §§447-a,
447-b, 483-aa, 483-bb & 483-ee, Soc Serv L; add §97-bbbb, St Fin L; amd §3-118, NYC Ad Cd; amd §§305.2, 344.4
& 712, Fam Ct Act; amd §353, Mult Dwell L; amd §2324-a, Pub Health L; amd §231, RP L; amd §715, RPAP L; amd
§509-cc, V & T L
Relates to certain prostitution offenses and fines relating thereto; relates to motions to vacate judgment and motions for new sentencing; relates to investigation into acts alleged to be the unauthorized practice of massage therapy by potential victims of human trafficking; prohibits the possession of reproductive or sexual health devices from being permitted in specified criminal or civil proceedings as evidence of prostitution; relates to services for exploited individuals, services for victims of human trafficking and the interagency task force on human trafficking; establishes the victims of sexual exploitation fund; makes conforming changes; repeals provisions relating to prostitution, prostitution in a school zone, defense against patronizing a person for prostitution and a motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3386
SPONSOR: Hunter TITLE OF BILL:
An act to amend the penal law, in relation to certain prostitution
offenses and fines relating thereto; to amend the criminal procedure
law, in relation to motions to vacate judgment and motions for new
sentencing; to amend the education law, in relation to investigation
into acts alleged to be the unauthorized practice of massage therapy by
potential victims of human trafficking; to amend the civil practice law
and rules, the criminal procedure law and the executive law, in
relation to prohibiting possession of reproductive or sexual health
devices from being permitted in specified criminal or civil proceedings
as evidence of prostitution; to amend the executive law, in relation to
the maximum age at which a homeless youth can continue to receive shel-
ter services; to amend the executive law, in relation to human traffick-
ing and sexual exploitation awareness; to amend the county law, in
relation to duties of the sheriff; to amend the town law, in relation to
the duties of police officers and constables; to amend the social
services law, in relation to services for exploited individuals,
services for victims of human trafficking and the interagency task
force on human trafficking; to amend the state finance law, in
relation to establishing the victims of sexual exploitation fund; to
amend the administrative code of the city of New York, the criminal
procedure law, the family court act, the multiple dwelling law, the
public health law, the real property law, the real property actions and
proceedings law and the vehicle and traffic law, in relation to making
conforming changes; and to repeal section 230.00 of the penal law relat-
ing to prostitution, section 230.03 of the penal law relating to prosti-
tution in a school zone, section 230.07 relating to a defense against
patronizing a person for prostitution, and subdivision 4 of section
170.30 of the criminal procedure law relating to a motion to dismiss
information, simplified information, prosecutor's information or
misdemeanor complaint
TITLE OF BILL:
An act to amend the penal law, in relation to certain prostitution
offenses and fines relating thereto; to amend the criminal procedure
law, in relation to motions to vacate judgment and motions for new
sentencing; to amend the education law, in relation to investigation
into acts alleged to be the unauthorized practice of massage therapy by
potential victims of human trafficking; to amend the civil practice law
and rules, the criminal procedure law and the executive law, in
relation to prohibiting possession of reproductive or sexual health
devices from being permitted in specified criminal or civil proceedings
as evidence of prostitution; to amend the executive law, in relation to
the maximum age at which a homeless youth can continue to receive shel-
ter services; to amend the executive law, in relation to human traffick-
ing and sexual exploitation awareness; to amend the county law, in
relation to duties of the sheriff; to amend the town law, in relation to
the duties of police officers and constables; to amend the social
services law, in relation to services for exploited individuals,
services for victims of human trafficking and the interagency task
force on human trafficking; to amend the state finance law, in
relation to establishing the victims of sexual exploitation fund; to
amend the administrative code of the city of New York, the criminal
procedure law, the family court act, the multiple dwelling law, the
public health law, the real property law, the real property actions and
proceedings law and the vehicle and traffic law, in relation to making
conforming changes; and to repeal section 230.00 of the penal law relat-
ing to prostitution, section 230.03 of the penal law relating to prosti-
tution in a school zone, section 230.07 relating to a defense against
patronizing a person for prostitution, and subdivision 4 of section
170.30 of the criminal procedure law relating to a motion to dismiss
information, simplified information, prosecutor's information or
misdemeanor complaint
PURPOSE:
To provide a nuanced and holistic approach to address the sex trade,
prostitution in particular; to decriminalize people in prostitution and
associated offenses; to discourage exploitation by increasing financial
penalties for pimps, traffickers, and sex buyers; to strengthen laws
against trafficking by stipulating that sex buyers can be charged. with
"promoting prostitution" when they traffic people to themselves, and by
eliminating an "ignorance defense" afforded to those charged with
different degrees of buying sex from children; to advance criminal
justice reform by providing for vacatur and expungement of applicable
offenses, penalizing the misdemeanor crime of buying sex with mandatory
fines, and increasing law enforcement awareness of human trafficking and
sexual exploitation, as well as developing trauma-informed policies and
procedures to follow when state and local police officers encounter
individuals who are believed to be victims of human trafficking and
sexual exploitation; to empower people in and survivors of prostitution
by increasing access to housing, employment services, trauma-informed
medical care, and legal/immigration services; and to increase through
education recognition and empathy for the violence and trauma that many
people in prostitution experience, and empower trauma-informed responses
from the systems and agencies they encounter.
SUMMARY OF PROVISIONS:
Section 1: Establishes that this act shall be known as the Sex Trade
Survivors Justice and Equality Act.
Section 2: Amends section 230.01 of the Penal Law, "Prostitution; affir-
mative defense." Makes conforming changes as- a result of sections
230.00 and 230.03 of the Penal Law being repealed under the provisions
of this bill.
Section 3: Amends section 230.02 of the Penal Law, "Patronizing a person
for prostitution; definitions," by adding a definition of "prostitu-
tion."
Section 4: Amends section 230.15 of the Penal Law, "Promoting prostitu-
tion; definitions of terms." Amends the definition of "advance prostitu-
tion" to stipulate that sex buyers can be charged with promoting prosti-
tution even if they are only trafficking people to themselves. Adds a
definition of "prostitution."
Section 5: Amends section 230.19 of the Penal Law, "Promoting prostitu-
tion in a school zone." Makes a conforming change as a result of section
230.03 of the Penal Law being repealed under the provisions of this
bill. Adds a definition of'"school zone."
Section 6: Amends section 23C.35 of the Penal Law, "Promoting or compel-
ling prostitution; accomplice." Stipulates that a person, regardless of
their age, shall not be deemed an accomplice of promoting or compelling
prostitution when another person is alleged to have advanced or
attempted to advance, or profited or attempted to profit from their
prostitution activity.
Section 7: Amends section 80.05 of the Penal Law, "Fines for misdemea-
nors and violation." Stipulates that convicted offenders under section
230.04 of the Penal Law shall be sentenced fines pursuant to section
80.20 of this article.
Section 8: Adds a new section 80.20 to article 80 of the Penal Law enti-
tled "Imposition of fines in relation to certain violations of article
230." Establishes a mandatory fine for designated violations of article
230 of the Penal Law. Establishes that the fine for convicted offenders
of section 230.04 shall be income-based and on a sliding-scale, and the
fine for convicted offenders of higher class designated crimes shall be
income-based, on a sliding-scale, and based on the number of repeat
offenses. Establishes procedures for assessing the ability of convicted
offenders of section 230.04 and other designated article 230 offenses to
pay the fine. Includes provisions for establishing and making adjust-
ments to payment plans. Establishes that fines collected shall be
distributed to the Victims of Sexual Exploitation Fund. 50% of monies
deposited would be used by the Office of Victim Services to make grants
to victims of sexual exploitation who do not otherwise qualify for funds
from the Crime Victims Compensation Fund. The remaining 50% of monies
deposited would be allocated by the Interagency Task Force on Human
Trafficking to various jurisdictions and localities as appropriate to
develop, expand, or strengthen programs for victims of human trafficking
and sexual exploitation; to ensure prevention of human trafficking and
sexual exploitation, including increasing public awareness; and to
ensure protection of victims of human trafficking and sexual exploita-
tion, including training of first responders.
Section 9: Repeals section 230.00 of the Penal Law, "Prostitution."
Section 10: Repeals section 230.03 of the Penal Law, "Prostitution in.a
school zone."
Section 11: Repeals section 230.07 of the Penal Law, "Patronizing a
person for prostitution; defense.."
Section 12: Amends section 1.20 of the Criminal Procedure Law, "Defi-
nitions of terms of general use in this chapter," to add a definition of
"vacatur."
Section 13: Adds a new section 440.46-b of the Criminal Procedure Law,
"Motion for resentence; persons convicted of certain prostitution
offenses." Establishes procedures for automatic expungement of prior
convictions, as well as petitioning for expungement of convictions for
offenses under sections 230.00, 230.03, and 240.37 of the Penal Law,
which are no longer offenses under the provisions of this bill and
through a recently enacted law.
Section 14: Amends section 6512 of the Education Law, "Unauthorized
practice a crime." Stipulates that in relation to Article 155, "Massage
Therapy," any investigation by the NYS Education Department into possi-
ble cases of unauthorized practice, shall consider whether the perceived
offense was a result of having been a victim of compelling prostitution
under section 230.33, a victim of sex trafficking under section 230.34,
or a victim of sex trafficking of a child under section 230.34-a of the
Penal Law. If there is suspicion that the person under investigation is
a victim of one or more such offenses, an immediate referral shall be
made to local service providers, as defined by the Safe Harbour for
Exploited Children Act or by the Office of Children and Family Services.
If the Education Department reports the matter to the Attorney General's
office for prosecution, the Department shall inform the Attorney Gener-
al's office of the suspicions and referral for services.
Section 15: Adds a new section 4519-b to the Civil Practice Law entitled
"Possession of reproductive or sexual health devices; receipt into
evidence." Stipulates that possession of a condom or other reproductive
or sexual health device may not be used as evidence in any trial, hear-
ing, or proceeding in relation to any allegation ofa misdemeanor offense
pursuant to subdivision 1 of section 12 and article 10 of the Multiple
Dwelling Law, sections 12-A and 2320 of the Public Health Law, section
231 of the Real Property Law, or subdivision 5 of section 711.00 and
section 715.00 of the Real Property Actions and Proceedings Law, or by
any law, ordinance, or regulation for the purpose of establishing
evidence of conduct, and thereby constituting an offense under article
230 of the Penal Law. Defines reproductive or sexual health device.
Section 16: Amends section 60.47 of the Criminal Procedure Law. Amends
the section title to read "Possession of condoms or other reproductive
or sexual health device; receipt into evidence." Stipulates that
possession of one or more condoms or other reproductive or sexual health
devices may not be admitted at any trial, hearing, or other proceeding
in a prosecution for any misdemeanor offense defined in article 230 of
the Penal Law, in section 6512 of the Education Law, or any local or
municipal law, ordinance, or regulation for the purpose of establishing
probable cause for an arrest or proving any person's commission of such
offense. Defines reproductive or sexual health device.
Section 17: Amends section 532-d of the Executive Law, "Residential
transitional independent living support programs." Stipulates that a
homeless youth who entered a transitional independent living program
under the age of 24 can continue to receive shelter services until they
reach the age of 24.
Section 18: Amends section 214-d of the Executive Law. Amends the
section title to read, "Human trafficking and sexual exploitation aware-
ness." Requires the Superintendent of State Police to work with OCFS,
OTDA, and DCJS on: 1) Developing written policies, procedures, and
educational materials related to human trafficking and sexual exploita-
tion, which shall be maintained and disseminated to all members of the
state police; 2) Establishing and implementing trauma-informed written
policies and procedures for when a state police officer encounters a
possible victim of human trafficking or sexual exploitation, to include
provision of information and referral to appropriate social and legal
service providers; and 3) Establishing and implementing trauma-informed
written policies and procedures for when a member of the Division of
State Police encounters a victim of human trafficking or sexual exploi-
tation, to include provision of information and referral to appropriate
services. Establishes that the Superintendent of State Police and
Department Commissioners shall seek the recommendations of a broad range
of experts when developing these written policies, procedures, and
educational materials. Requires the Superintendent of State Poli ce to
make all materials, trainings, and resources available to all local law
enforcement branches.
Section 19: Amends section 650 of the County Law, "General duties of
sheriff." Requires the sheriff of any county with more than 100,000
residents to: 1) Adopt, maintain, and disseminate the written policies
and educational materials on human trafficking and sexual exploitation,
to include services available for victims, and education on the traumat-
ic impact and emotional harm victims experience; 2) Establish and imple-
ment an ongoing training program for all current and new employees
regarding the policies and procedures established under this section;
and 3) Establish and implement trauma-informed written policies and
procedures for when a member of the police department encounters victims
of human trafficking and sexual exploitation, to include provision of
information and referral to appropriate services.
Section 20: Amends section 39 of the Town Law, "Powers and duties of
constables and town police officers." Requires the Chief Constable or
Police Officer of any town with greater than 100,000 residents to: 1)
Adopt, maintain, and disseminate written policies and educational mate-
rials on human trafficking and sexual exploitation, to include services
available for victims, and education on the traumatic impact and
emotional harm victims experience; 2) Establish and implement an ongoing
training program for all current and new employees regarding the poli-
cies and procedures established under this section; and 3) Establish and
implement trauma-informed written policies and procedures for when a
member of the police department encounters victims of human trafficking
and sexual exploitation, to include provision of information and refer-
ral to appropriate services.
Section 21: Amends section 841 of the Executive Law, "Functions, powers
and duties of the commissioner with respect to the council." Authorizes
the Commissioner of Criminal Justice Services to take such steps as
necessary to ensure that police and peace officers receive appropriate
instruction regarding the evidentiary prohibition set forth in section
60.47 of the Criminal Procedure Law and section 4519-b of the Civil
Practice Law relating to the use of condoms and other reproductive or
sexual health devices as evidence in certain misdemeanor trials, hear-
ings, or proceedings, or as a basis for probable cause for arrest.
Section 22: Amends section 447-a of the. Social Services Law, "Defi-
nitions." Changes the defined term "sexually exploited child" to "sexu-
ally exploited individual," and changes the definition'of"sexually
exploited individual" to include any person under the age of 24 at the
time of identification. Amends remaining subdivisions of section 447-a
to reflect these changes.
Section 23: Amends section 447-b of the Social Services Law, "Services
for exploited children." The section title is amended to read "Services
for exploited individuals." Remaining subdivisions of section 447-b are
amended to reflect this change.
Section 24: Amends section 483-aa of the Social. Services Law, "Defi-
nitions." Modifies the definition of "human trafficking victim" to
include where a commercial sex act is induced by force, fraud, or coer-
cion, or in which the person induced to perform such act has not '
attained 18 years of age, or as defined under section 12 of 22 U.S.
Code section 7102 - Sex Trafficking.
Section 25: Amends section 483-bb of the Social Services Law, "Services
for victims of human trafficking." Stipulates that the Office of Tempo-
rary and Disability Assistance shall coordinate with and assist law
enforcement agencies and district attorney's offices to access appropri-
ate services for human trafficking victims. Requires the Interagency
Task Force on Human Trafficking to conduct an annual review and evalu-
ation of services provided to human trafficking victims who fall outside
of the scope of the Safe Harbour Program, to ensure effective access and
utilization of services, and to address any issues.
Section 26: Amends section 483-ee of the Social Services, Law, "Estab-
lishment of interagency task force on human trafficking." Establishes
that an effort shall be made to include on the Task Force: survivors of
human trafficking and sexual exploitation; service providers from
different state regions; and representatives of women's rights organiza-
tions, the lesbian gay bisexual transgender and queer populations, and
various ethnic demographics across the state. Stipulates that the Task
Force shall collect and organize data on the nature and extent of crimes
related to trafficking and sexual exploitation of persons in the state.
Requires the Task Force to ensure training programs on human trafficking
designed for law enforcement personnel and other listed entities are
occurring on an annual basis. Establishes that the Task Force shall work
with the New York State Education Department to create and implement
additional sexual education for students in secondary school that
includes information related to prostitution, its inherent violence, and
impact on individual and public health.
Section 27: Adds a new section 97-bbbb to the State Finance Law entitled
"Victims of sexual exploitation fund." Establishes the new fund and
details the source of revenue to be deposited into the fund. Stipulates
that monies deposited in the fund are to be made available for grants to
victims of sexual exploitation, and local assistance services and
expenses of programs to provide services to victims of human traffick-
ing.
Sections 28 - 42: Amend section 3-118 of the Administrative Code of the
City of New York; sections 170.30, 60.42, 170.80, 420.35, 720.15, and
720.35 of the Criminal Procedure Law; sections 305.2, 344.4, and 712 of
the Family Court Act; section 353 of the Multiple Dwelling Law; section
2324-a of the Public Health Law; sections 231 and 715 of the Real Prop-
erty Actions and Proceedings Law; and section 509-cc of the Vehicle and
Traffic Law to make conforming changes as a result of section 230.00 of
the Penal Law being repealed under the provisions of this bill.
Section 43: Provides a severability clause.
Section 44: Establishes the effective date. This act shall take effect
on the sixtieth day after it shall have become a law; provided that the
amendments to section 483-ee of the social services law made by section
twenty-six of this act shall not affect the repeal of such section and
shall be deemed repealed therewith. Effective immediately the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.
JUSTIFICATION:
The sex trade, particularly prostitution, preys on the most marginalized
and vulnerable people in our communities - women and girls, especially
of Color, the LGHTQ+ population, run away and foster youth, individuals
experiencing homelessness, and undocumented immigrants. It is rooted in
inequality, which pimps and traffickers abuse to sell vulnerable people
to sex buyers with expendable income. In prostitution, vulnerable
people are being traded like commodities.
Pimps and traffickers, brothel and illicit massage parlor owners, and
sex buyers themselves cause people in prostitution physical harm and
emotional trauma that is lifelong. In fact, survivors of sex trafficking
and prostitution have testified countless times that sex buyers
inflicted some of the worst harm they experienced when in "the life."
And PTSD among people in prostitution and survivors of sex trafficking
and prostitution is equal to levels found among combat veterans. The sex
trade system operates on physical and psychological violence. The trau-
matic scars it leaves cannot be regulated or deregulated away. The sex
trade cannot be made less harmful.
Our State needs a nuanced and holistic approach to address prostitution.
that will shrink this exploitative system and provide resources to those
impacted by it most. One that:
*Ensures people in prostitution are not prosecuted or incarcerated, but
rather are supported with comprehensive and specialized services
(including access to housing, trauma-informed medical care, etc.), and
are given options to help them leave the sex trade should they wish it.
*Holds pimps and traffickers, brothel and illicit massage parlor owners,
and those who feed the trade with their dollars - the sex buyers -
accountable for the harm they cause.
*Recognizes that the sex trade, particularly prostitution, is where sex
trafficking happens; the demand for prostitution fuels sex trafficking;
and that penalizing this demand shrinks the sex trade and ensures that
less and less vulnerable people will be pulled into harm's way.
*Recognizes that trafficking is a violent crime that should be treated
as such by the criminal justice system
*Calls on New Yorkers to live up to our promise of equality for all
through extensive community education with the end goal of promoting
gender equality.
The Equality Model, also referred to as the Nordic Model or partial
decriminalization, originated in Sweden in 1999, the purpose of which
was to combat commercial sexual exploitation while promoting gender
equality. Since that time, Norway, Iceland, Ireland, Northern Ireland,
France, Israel, and Canada have also adopted this legal framework to
combat sexual exploitation. Evaluation of this framework in Sweden
concluded the following: 1) Street prostitution was reduced by 50%, and
2) There was a decrease in demand for sexual services, at least through
street prostitution(1). The Norwegian Ministry of Justice and Public
Security commissioned an evaluation of their 2009 law, which found: 1)
The ban reduced demand for sexual services and extent of prostitution in
the country - street prostitution in Oslo, for example, was reduced by
4065%, and indoor prostitution was reduced by an estimated 10-20% of the
market before the ban was passed into law; and 2) There was no evidence
of increased violence against people in prostitution following the
ban(2). When France enacted an Equality Model legal framework, it set a
good example by incorporating training for law enforcement and other
professionals, and robust social services in order to provide needed
support to survivors and people in the sex trade. The Sex Trade Survi-
vors Justice and Equality Act is based on the Equality Model framework
and draws from France's example. The Equality Model legal framework is
supported by AF3RM, Coalition Against Trafficking in Women, Covenant
House NY, ECPAT USA, Equality Now, Mentari, Graham Windam, Lifeway
Network, New York State Anti Trafficking Coalition, Not on My Watch,
Inc., Now-NYC, Safe Network Inc., Sanctuary for Families, World Without
Exploitation and a growing list of other organizations. Most important-
ly, this legislation is what survivors of the sex trade want.
LEGISLATIVE HISTORY:
2022: A7069A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Costs are to be determined, as well as new revenue from criminal penal-
ties.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law; provided that the amendments to section 483-ee of the
social services law made by section twenty-seven of this act shall not
affect the repeal of such section and shall be deemed repealed there
with. Effective immediately the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.
STATE OF NEW YORK
________________________________________________________________________
3386
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. HUNTER, PAULIN, JEAN-PIERRE, KELLES, HEVESI --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to certain prostitution
offenses and fines relating thereto; to amend the criminal procedure
law, in relation to motions to vacate judgment and motions for new
sentencing; to amend the education law, in relation to investigation
into acts alleged to be the unauthorized practice of massage therapy
by potential victims of human trafficking; to amend the civil practice
law and rules, the criminal procedure law and the executive law, in
relation to prohibiting possession of reproductive or sexual
health devices from being permitted in specified criminal or civil
proceedings as evidence of prostitution; to amend the executive law,
in relation to the maximum age at which a homeless youth can continue
to receive shelter services; to amend the executive law, in relation
to human trafficking and sexual exploitation awareness; to amend the
county law, in relation to duties of the sheriff; to amend the town
law, in relation to the duties of police officers and constables; to
amend the social services law, in relation to services for exploited
individuals, services for victims of human trafficking and the intera-
gency task force on human trafficking; to amend the state finance
law, in relation to establishing the victims of sexual exploitation
fund; to amend the administrative code of the city of New York, the
criminal procedure law, the family court act, the multiple dwelling
law, the public health law, the real property law, the real property
actions and proceedings law and the vehicle and traffic law, in
relation to making conforming changes; and to repeal section 230.00 of
the penal law relating to prostitution, section 230.03 of the penal
law relating to prostitution in a school zone, section 230.07 relating
to a defense against patronizing a person for prostitution, and subdi-
vision 4 of section 170.30 of the criminal procedure law relating to a
motion to dismiss information, simplified information,
prosecutor's information or misdemeanor complaint
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05060-01-3
A. 3386 2
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "sex trade
2 survivors justice and equality act".
3 § 2. Section 230.01 of the penal law, as amended by chapter 23 of the
4 laws of 2021, is amended to read as follows:
5 § 230.01 Prostitution; affirmative defense.
6 In any prosecution under [section 230.00, section 230.03,] section
7 230.19, section 230.20, subdivision [2] two of section 230.25, subdivi-
8 sion [2] two of section 230.30 or section 230.34-a of this article, it
9 is an affirmative defense that the defendant's participation in the
10 offense was a result of having been a victim of compelling prostitution
11 under section 230.33 of this article, a victim of sex trafficking under
12 section 230.34 of this article, a victim of sex trafficking of a child
13 under section 230.34-a of this article or a victim of trafficking in
14 persons under the trafficking victims protection act (United States
15 Code, Title 22, Chapter 78).
16 § 3. Section 230.02 of the penal law, as amended by chapter 627 of
17 laws of 1978, the section heading and subdivision 1 as amended by chap-
18 ter 368 of the laws of 2015, is amended to read as follows:
19 § 230.02 Patronizing a person for prostitution; definitions.
20 1. A person patronizes a person for prostitution when:
21 (a) Pursuant to a prior understanding, he or she pays a fee, or
22 anything of value, to another person as compensation for such person or
23 a third person having engaged in sexual conduct with him or her; or
24 (b) He or she pays or agrees to pay a fee, or anything of value, to
25 another person pursuant to an understanding that in return therefor such
26 person or a third person will engage in sexual conduct with him or her;
27 or
28 (c) He or she solicits or requests another person to engage in sexual
29 conduct with him or her in return for a fee, or anything of value.
30 2. As used in this article[,]:
31 (a) "person who is patronized" means the person with whom the defend-
32 ant engaged in sexual conduct or was to have engaged in sexual conduct
33 pursuant to the understanding, or the person who was solicited or
34 requested by the defendant to engage in sexual conduct;
35 (b) "prostitution" means the act of engaging in or agreeing to engage
36 in sexual conduct with another person in return for a fee or anything of
37 value that is given or received by a person.
38 § 4. Section 230.15 of the penal law, subdivisions 1 and 2 as amended
39 by chapter 368 of the laws of 2015, is amended to read as follows:
40 § 230.15 Promoting prostitution; definitions of terms.
41 The following definitions are applicable to this article:
42 1. "Advance prostitution." A person "advances prostitution" when,
43 acting other than as a person in prostitution [or as a patron thereof],
44 he or she knowingly causes or aids a person to commit or engage in pros-
45 titution, procures or solicits patrons for prostitution, provides
46 persons or premises for prostitution purposes, operates or assists in
47 the operation of a house of prostitution or a prostitution enterprise,
48 or engages in any other conduct designed to institute, aid or facilitate
49 an act or enterprise of prostitution.
50 2. "Profit from prostitution." A person "profits from prostitution"
51 when, acting other than as a person in prostitution receiving compen-
52 sation for personally rendered prostitution services, he or she accepts
53 or receives money or other property pursuant to an agreement or under-
A. 3386 3
1 standing with any person whereby he or she participates or is to partic-
2 ipate in the proceeds of prostitution activity.
3 3. "Prostitution." "Prostitution" means the act of engaging in or
4 agreeing to engage in sexual conduct with another person in return for a
5 fee or anything of value that is given or received by a person.
6 § 5. Section 230.19 of the penal law, as added by chapter 191 of the
7 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of
8 2015, is amended to read as follows:
9 § 230.19 Promoting prostitution in a school zone.
10 1. A person is guilty of promoting prostitution in a school zone when,
11 being nineteen years old or more, he or she knowingly advances or
12 profits from prostitution that he or she knows or reasonably should know
13 is or will be committed [in violation of section 230.03 of this article]
14 in a school zone during the hours that school is in session.
15 2. For purposes of this section, "school zone" [shall mean "school
16 zone" as defined in subdivision two of section 230.03 of this article]
17 means (a) in or on or within any building, structure, athletic playing
18 field, playground or land contained within the real property boundary
19 line of a public or private elementary, parochial, intermediate, junior
20 high, vocational, or high school, or (b) any public sidewalk, street,
21 parking lot, park, playground or private land, located immediately adja-
22 cent to the boundary line of such school.
23 Promoting prostitution in a school zone is a class E felony.
24 § 6. Section 230.35 of the penal law, as amended by chapter 368 of the
25 laws of 2015, is amended to read as follows:
26 § 230.35 Promoting or compelling prostitution; accomplice.
27 In a prosecution for promoting prostitution or compelling prostitu-
28 tion, a person [less than eighteen years old] from whose prostitution
29 activity another person is alleged to have advanced or attempted to
30 advance or profited or attempted to profit shall not be deemed to be an
31 accomplice.
32 § 7. Subdivision 1 of section 80.05 of the penal law, as amended by
33 chapter 669 of the laws of 1984, is amended to read as follows:
34 1. Class A misdemeanor. A sentence to pay a fine for a class A misde-
35 meanor shall be a sentence to pay an amount, fixed by the court, not
36 exceeding one thousand dollars, provided, however, that a sentence
37 imposed for a violation of section 215.80 of this chapter may include a
38 fine in an amount equivalent to double the value of the property unlaw-
39 fully disposed of in the commission of the crime; provided however that
40 no sentence imposed by this section shall be imposed on any individual
41 sentenced under subdivision one of section 80.20 of this article.
42 § 8. The penal law is amended by adding a new section 80.20 to read as
43 follows:
44 § 80.20 Imposition of fines in relation to certain violations of article
45 230.
46 1. A person whose violation of section 230.04 of this chapter results
47 in a judicial disposition other than acquittal, adjournment in contem-
48 plation of dismissal or dismissal shall be required to pay a fine, as
49 fixed by the court based on the defendant's "net taxable income," as
50 defined in subdivision four of this section, which shall be determined
51 by the completion of a compulsory financial disclosure at the time of
52 sentencing. The fine shall be distributed to the victims of sexual
53 exploitation fund established by section ninety-seven-bbbb of the state
54 finance law. Notwithstanding any other provision of law, the penalty
55 imposed under this section shall be a substitute for any fines imposed
56 under subdivision one of section 80.05 of this article.
A. 3386 4
1 2. After the completion of a compulsory financial disclosure, if it is
2 determined that a defendant is in a financial position to pay a fine,
3 such defendant shall pay a fine calculated as provided in this subdivi-
4 sion. Except for individuals who are determined to be unable to pay a
5 fine, the schedule of fines shall be as follows:
6 Amount of net taxable income:Schedule of Fines:
7 (a) Less than thirty thousandFifty dollars
8 dollars
9 (b) Thirty thousand dollars orOne hundred dollars
10 more, but less than fifty
11 thousand dollars
12 (c) Fifty thousand dollars orTwo hundred dollars
13 more, but less than seventy-five
14 thousand dollars
15 (d) Seventy-five thousand dollarsThree hundred dollars
16 or more, but less than one hundred
17 thousand dollars
18 (e) One hundred thousand dollars orFive hundred dollars
19 more, but less than one hundred fifty
20 thousand dollars
21 (f) One hundred fifty thousandSeven hundred dollars
22 dollars or more, but less than two
23 hundred thousand dollars
24 (g) Greater than two hundredOne thousand dollars
25 thousand dollars
26 3. Notwithstanding any other provision of law, a person whose
27 violation of any offense enumerated under section 230.05, 230.06,
28 230.19, 230.20, 230.25, 230.30, 230.32, 230.33, 230.34, or 230.34-a of
29 this chapter that results in a judicial disposition other than acquit-
30 tal, adjournment in contemplation of dismissal or dismissal shall pay a
31 fine the sum of which will be calculated at the time of sentencing, on a
32 sliding scale, based on their net taxable income, which shall be deter-
33 mined by the completion of a compulsory financial disclosure. If it is
34 determined that such defendant is in a financial position to pay a
35 prescribed fine, such defendant shall pay a fine in one of the following
36 amounts to the court, to be distributed to the victims of sexual exploi-
37 tation fund established by section ninety-seven-bbbb of the state
38 finance law.
39 (a) A person convicted of a first offense shall pay a fine of not less
40 than one thousand dollars and not more than the maximum amount applica-
41 ble under section 80.00 of this article.
42 (b) A person convicted of a second offense shall pay a fine of not
43 less than five thousand dollars nor more than twenty-five thousand
44 dollars.
45 (c) A person convicted of a third or subsequent offense shall pay a
46 fine of not less than ten thousand dollars nor more than fifty thousand
47 dollars.
48 4. (a) If the defendant is assessed a fine or fee by the court but can
49 prove they will have financial difficulty paying the amount in one lump
50 sum an installment payment plan may be provided as described in this
51 subdivision. Any such installment payment plan shall include all fines,
52 fees and mandatory surcharges and shall consist of monthly payments that
53 do not exceed two percent of such person's monthly net taxable income or
54 ten dollars per month, whichever is greater. For the purpose of this
55 subdivision, the term "net taxable income" means a person's total income
56 from all sources and assets, minus deductions required by law including
A. 3386 5
1 but not limited to administrative or court-ordered garnishments and
2 support payments. A court or hearing officer may require the
3 submission of a financial disclosure report from all persons who opt to
4 enter into installment payment plans. A court or hearing officer also
5 may accept payments higher than the set amount, but may not undertake
6 additional collection activity so long as the person meets his or her
7 obligations under the installment payment plan. A court or hearing
8 officer may require a person entering installment payment plans to
9 appear periodically before such court or hearing officer, but no more
10 frequently than annually, to assess his or her financial circumstances,
11 and may set a new payment amount if such person's financial circum-
12 stances have changed. A person who enters into an installment payment
13 plan and experiences a reduction in net taxable income may petition the
14 court or hearing officer at any time to seek a reduction in the monthly
15 payment.
16 (b) The court or hearing officer shall have the discretion in the
17 interests of justice to reduce or waive the amount of any fine, fee or
18 mandatory surcharge assessed for a violation of any of the provisions of
19 this chapter.
20 5. Fines collected under this article shall be deposited into the
21 victims of sexual exploitation fund created by section ninety-seven-bbbb
22 of the state finance law and distributed in the following manner:
23 (a) subject to the availability of funds, fifty percent shall be
24 distributed by the office of victim services to make grants to victims
25 of sexual exploitation fund created by section ninety-seven-bbbb of the
26 state finance law. Subject to the availability of funds, the office of
27 victim services shall make grants to victims of sexual exploitation and
28 sex trafficking who do not otherwise qualify for funds from the crime
29 victims compensation fund. Such available funds may be used to remedy
30 personal injury, loss of essential personal property, medical and coun-
31 seling services, lost wages, savings, or lost support, transportation,
32 occupational/vocational rehabilitation, use of shelters by victims and
33 their children, housing and moving expenses and other costs and/or
34 expenses as the task force deems appropriate.
35 (b) the remaining fifty percent of such funds shall be allocated to
36 various jurisdictions and localities as the interagency task force on
37 human trafficking deems appropriate in order to:
38 (1) develop, expand or strengthen programs for victims of human traf-
39 ficking and sexual exploitation, including:
40 (i) health services, including mental health services;
41 (ii) temporary and permanent housing placement;
42 (iii) legal and immigration services;
43 (iv) employment placement, education and training; and
44 (v) safe harbour programs for sexually exploited children;
45 (2) ensure prevention of human trafficking and sexual exploitation,
46 including increasing public awareness; and/or
47 (3) ensure protection of victims of human trafficking and sexual
48 exploitation, including training of first responders.
49 § 9. Section 230.00 of the penal law is REPEALED.
50 § 10. Section 230.03 of the penal law is REPEALED.
51 § 11. Section 230.07 of the penal law is REPEALED.
52 § 12. Section 1.20 of the criminal procedure law is amended by adding
53 a new subdivision 46 to read as follows:
54 46. "Vacatur" of convictions under paragraph (i) of subdivision one of
55 section 440.10 of this chapter means, to dismiss the judgment, to
56 dismiss the accusatory instrument, and mark all records as vacated based
A. 3386 6
1 on the merits. The court shall make a copy of all official records and
2 papers available to the defendant.
3 § 13. The criminal procedure law is amended by adding a new section
4 440.46-b to read as follows:
5 § 440.46-b Motion for resentence; persons convicted of certain prostitu-
6 tion offenses.
7 1. When a person has been convicted, whether by trial verdict or guil-
8 ty plea, under former section 230.00, 230.03 or 240.37 of the penal law,
9 then the chief administrative judge of the state of New York shall, in
10 accordance with this section, automatically vacate, dismiss and expunge
11 such conviction in accordance with section 160.50 of this chapter, and
12 the office of court administration shall immediately notify the state
13 division of criminal justice services, state department of corrections
14 and community supervision and the appropriate local correctional facili-
15 ty which shall immediately effectuate the appropriate relief. Such
16 notification to the division of criminal justice services shall also
17 direct that such agency notify all relevant police and law enforcement
18 agencies of their duty to destroy and/or mark records related to such
19 case in accordance with section 160.50 of this chapter. Nothing in this
20 section shall prevent a person who believes his or her sentence is
21 required by this section to be vacated, dismissed and/or expunged from
22 filing a petition with the court to effectuate all appropriate relief.
23 2. (a) When a person has been convicted in this state, whether by
24 trial verdict or guilty plea, under former section 230.00, 230.03 or
25 240.37 of the penal law, then such person may petition the court of
26 conviction pursuant to this article for vacatur of such conviction.
27 (b) Upon receiving a served and filed motion under paragraph (a) of
28 this subdivision, the court shall presume the movant satisfies the
29 criteria in such paragraph (a) and shall grant the motion to vacate such
30 conviction unless the party opposing the motion proves, by clear and
31 convincing evidence, that the movant does not satisfy the criteria. If
32 the movant satisfies the criteria, the court shall grant the motion to
33 vacate the conviction if: (i) the conviction was by plea of guilty, on
34 grounds that such plea was not knowing, voluntary and intelligent owing
35 to ongoing consequences; and (ii) the conviction was by verdict or
36 otherwise, on grounds that such conviction and sentence constitutes
37 cruel and unusual punishment under the state constitution owing to such
38 ongoing consequences; and may, if the petition meets the criteria in
39 subparagraph (i) of this paragraph, after affording the parties an
40 opportunity to be heard and present evidence, substitute, unless it is
41 not in the interests of justice to do so, a conviction for an appropri-
42 ate lesser offense under article two hundred thirty of the penal law.
43 (c) In the event of any vacatur pursuant to this subdivision, the
44 office of court administration shall immediately notify the state divi-
45 sion of criminal justice services concerning such determination. Such
46 notification to the division of criminal justice services shall also
47 direct that such agency notify all relevant police and law enforcement
48 agencies of their duty to destroy and/or mark records related to such
49 case in accordance with section 160.50 of this chapter, and update such
50 agencies' records accordingly.
51 3. The chief administrator of the courts shall promulgate all neces-
52 sary rules and make available all necessary forms to enable the filing
53 of the petitions and applications provided in this section no later than
54 sixty days following the effective date of this section. All sentences
55 eligible for automatic vacatur, dismissal and expungement pursuant to
A. 3386 7
1 subdivision one of this section shall be identified and the required
2 entities notified within one year of the effective date of this section.
3 § 14. Section 6512 of the education law is amended by adding a new
4 subdivision 3 to read as follows:
5 3. If the department conducts an investigation into acts alleged to be
6 the unauthorized practice of massage therapy under article one hundred
7 fifty-five of this chapter, the department shall consider whether or not
8 the individual who allegedly committed the acts did so as a result of
9 having been a victim of compelling prostitution under section 230.33, of
10 sex trafficking under section 230.34 or of sex trafficking of a child
11 under section 230.34-a of the penal law. In the event that the depart-
12 ment suspects that such individual has been the victim of one or more
13 such offenses, the department shall make an immediate referral of the
14 matter to local service providers, as defined by the Safe Harbour For
15 Exploited Children Act or by the office of children and family services.
16 If the department subsequently reports the matter to the attorney gener-
17 al with a request for prosecution, the department shall inform the
18 attorney general of such suspicions and referral.
19 § 15. The civil practice law and rules is amended by adding a new
20 section 4519-b to read as follows:
21 § 4519-b. Possession of reproductive or sexual health devices; receipt
22 into evidence. 1. Evidence that a person was in possession of a condom
23 or other reproductive or sexual health device may not be received in
24 evidence in any trial, hearing or proceeding in relation to any allega-
25 tion of a misdemeanor offense pursuant to subdivision one of section
26 twelve and article ten of the multiple dwelling law, sections twelve-a
27 and twenty-three hundred twenty of the public health law, section two
28 hundred thirty-one of the real property law or subdivision five of
29 section seven hundred eleven and section seven hundred fifteen of the
30 real property actions and proceedings law, or by any law, local law or
31 ordinance of a municipality or political subdivision of the state, or
32 any word, rule, or regulation of any governmental instrumentality
33 authorized by law to adopt the same as evidence of conduct which would
34 constitute an offense defined in article two hundred thirty of the penal
35 law.
36 2. "Reproductive or sexual health device" shall include, but shall not
37 be limited to, any contraceptive or other tool used to prevent unwanted
38 pregnancy or the transmission of HIV or other sexually transmitted
39 diseases, including but not limited to male condoms, female condoms,
40 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
41 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
42 emergency contraception, diaphragm, cervical cap, or sponge.
43 § 16. Section 60.47 of the criminal procedure law, as amended by chap-
44 ter 23 of the laws of 2021, is amended to read as follows:
45 § 60.47 Possession of condoms or other reproductive or sexual health
46 device; receipt into evidence for allegations of misdemeanor
47 offenses.
48 1. Evidence that a person was in possession of one or more condoms or
49 other reproductive or sexual health device may not be admitted at any
50 trial, hearing, or other proceeding in a prosecution for [section
51 230.00] any misdemeanor offense, or an attempt to commit any misdemeanor
52 offense, defined in article two hundred thirty of the penal law, or
53 section sixty-five hundred twelve of the education law, or any law,
54 local law or ordinance of a municipality or political subdivision of
55 state, or any word, rule or regulation of any governmental instrumen-
56 tality authorized by law to adopt the same, for the purpose of estab-
A. 3386 8
1 lishing probable cause for an arrest or proving any person's commission
2 or attempted commission of such offense.
3 2. "Reproductive or sexual health device" shall include, but shall not
4 be limited to, any contraceptive or other tool used to prevent unwanted
5 pregnancy or the transmission of HIV or other sexually transmitted
6 diseases, including but not limited to male condoms, female condoms,
7 lubricants, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis
8 (PEP), HIV anti-retroviral medication, spermicide, hormonal methods,
9 emergency contraception, diaphragm, cervical cap, or sponge.
10 § 17. Paragraph (c) of subdivision 1 of section 532-d of the executive
11 law, as amended by section 5 of part M of chapter 56 of the laws of
12 2017, is amended to read as follows:
13 (c) A homeless youth who entered a transitional independent living
14 program under the age of [twenty-one] twenty-four may continue to
15 receive shelter services in such program beyond the applicable period
16 authorized by paragraph (b) of this subdivision, if the municipality has
17 notified the office of children and family services in accordance with
18 clause (iv) of subparagraph three of paragraph a of subdivision two of
19 section four hundred twenty of this chapter;
20 § 18. Section 214-d of the executive law, as added by chapter 368 of
21 the laws of 2015, is amended to read as follows:
22 § 214-d. Human trafficking and sexual exploitation awareness. The
23 superintendent, in consultation with the office of temporary and disa-
24 bility assistance, the office of children and family services, and the
25 division of criminal justice services, shall:
26 [(1)] 1. (a) develop, maintain and disseminate to all members of the
27 state police, including new and veteran officers, written policies,
28 procedures and educational materials relating to human trafficking and
29 sexually exploited victims, including but not limited to, (i) services
30 available for victims of human trafficking and services available for
31 victims of sexual exploitation, as referenced in section four hundred
32 eighty-three-bb of the social services law, and title eight-A of article
33 six of the social services law; and (ii) education on the impact of the
34 trauma and emotional harm experienced by victims of human trafficking
35 and sexual exploitation; and
36 [(2)] (b) establish and implement trauma informed written procedures
37 and policies in the event a member of the division of state police
38 encounters an individual believed to be a victim of human trafficking,
39 or victim of sexual exploitation which shall include, but not be limited
40 to, the provision of information and/or referral to an appropriate
41 provider of social and legal services to human trafficking, or sexually
42 exploited victims[, in accordance with such section four hundred eight-
43 y-three-bb]; and
44 (c) establish and implement trauma informed written procedures and
45 policies in the event a member of the division of state police encount-
46 ers such victim, including the provision of information and referral to
47 the appropriate services.
48 2. In the development of such program, the commissioners, and super-
49 intendent of state police shall seek the recommendations of a broad
50 range of experts such as social service providers, certified and
51 licensed social workers, others with educational expertise in human
52 trafficking, sexual exploitation, intimate partner violence, sexual
53 assault, reproductive and sexual health care, and serving lesbian, gay,
54 bisexual, transgender and questioning individuals.
A. 3386 9
1 3. The superintendent shall make available to all local law enforce-
2 ment all materials, trainings, and resources developed pursuant to this
3 chapter.
4 § 19. Section 650 of the county law is amended by adding a new subdi-
5 vision 3 to read as follows:
6 3. The sheriff, in any county with greater than one hundred thousand
7 residents according to the most recent census, shall, for all members of
8 the department:
9 (a) adopt, maintain, and disseminate written policies, and educational
10 materials, regarding human trafficking and sexual exploitation, includ-
11 ing, but not limited to: (i) services available for victims of human
12 trafficking or sexual exploitation; and (ii) education on the impact of
13 the trauma and emotional harm experienced by victims of human traffick-
14 ing and sexual exploitation;
15 (b) establish, and implement on an ongoing basis, a training program
16 for all current and new employees regarding the policies and procedures
17 established pursuant to this section; and
18 (c) establish and implement trauma informed written procedures and
19 policies in the event a member of the police department encounters such
20 victim, including the provision of information and referral to the
21 appropriate services.
22 § 20. Section 39 of the town law, as amended by chapter 476 of the
23 laws of 2018, is amended to read as follows:
24 § 39. Powers and duties of constables and town police officers. 1.
25 Constables and town police officers shall have all the power and author-
26 ity conferred upon constables by the general laws of the state and such
27 additional powers, not inconsistent with law, as shall be conferred upon
28 them by the town board. They shall be subject to the general authority
29 and direction of the town board and to such orders and regulations as
30 the town board may prescribe, not inconsistent with law.
31 2. The chief constable or police officer, in any town with greater
32 than one hundred thousand residents according to the most recent census,
33 shall, for all members of the department:
34 (a) adopt, maintain, and disseminate written policies, and educational
35 materials, regarding human trafficking and sexual exploitation, includ-
36 ing, but not limited to:
37 (i) services available for victims of human trafficking or sexual
38 exploitation; and
39 (ii) education on the impact of the trauma and emotional harm experi-
40 enced by victims of human trafficking and sexual exploitation;
41 (b) establish, and implement on an ongoing basis, a training program
42 for all current and new employees regarding the policies and procedures
43 established pursuant to this section; and
44 (c) establish and implement trauma informed written procedures and
45 policies in the event a member of the police department encounters such
46 victim, including the provision of information and referral to the
47 appropriate services.
48 § 21. Section 841 of the executive law is amended by adding a new
49 subdivision 7-c to read as follows:
50 7-c. Take such steps as may be necessary to ensure that all police
51 officers and peace officers certified pursuant to subdivision three of
52 this section receive appropriate instruction regarding the evidentiary
53 prohibition set forth in section 60.47 of the criminal procedure law and
54 section forty-five hundred nineteen-b of the civil practice law and
55 rules relating to the use of condoms and other reproductive or sexual
56 health devices as evidence in certain misdemeanor trials, hearings or
A. 3386 10
1 proceedings, or as a basis for probable cause for arrest, including that
2 unauthorized seizure or confiscation of condoms and other reproductive
3 or sexual health devices as a breach of public policy;
4 § 22. Section 447-a of the social services law, as added by chapter
5 569 of the laws of 2008, subdivision 1 as amended by chapter 189 of the
6 laws of 2018, paragraphs (c) and (d) of subdivision 1 as amended by
7 chapter 23 of the laws of 2021, subdivision 2 as amended by section 8 of
8 part M of chapter 56 of the laws of 2017, and subdivisions 4 and 5 as
9 amended by section 1 of part G of chapter 58 of the laws of 2010, is
10 amended to read as follows:
11 § 447-a. Definitions. As used in this title:
12 1. The term "sexually exploited [child] individual" means any person
13 under the age of [eighteen] twenty-four at the time of identification
14 who has been subject to sexual exploitation because he or she:
15 (a) is the victim of the crime of sex trafficking as defined in
16 section 230.34 of the penal law or the crime of sex trafficking of [a
17 child] an individual as defined in section 230.34-a of the penal law; or
18 (b) [engages in any act as defined in section 230.00 of the penal law;
19 (c)] is a victim of the crime of compelling prostitution as defined in
20 section 230.33 of the penal law[;
21 (d) engages in acts or conduct described in article two hundred
22 sixty-three of the penal law].
23 2. The term "short-term safe house" means a residential facility oper-
24 ated by an authorized agency as defined in subdivision ten of section
25 three hundred seventy-one of this article including a residential facil-
26 ity operating as part of a runaway and homeless youth crisis services
27 program as defined in subdivision four of section five hundred thirty-
28 two-a of the executive law or a not-for-profit agency with experience in
29 providing services to sexually exploited youth and approved in accord-
30 ance with the regulations of the office of children and family services
31 that provides emergency shelter, services and care to sexually exploited
32 [children] individuals including food, shelter, clothing, medical care,
33 counseling and appropriate crisis intervention services at the time they
34 are taken into custody by law enforcement and for the duration of any
35 legal proceeding or proceedings in which they are either the complaining
36 witness or the subject [child] individual. The short-term safe house
37 shall also be available at the point in time that [a child] an individ-
38 ual under the age of [eighteen] twenty-four has first come into the
39 custody of juvenile detention officials, law enforcement, local jails or
40 the local commissioner of social services or is residing with the local
41 runaway and homeless youth authority.
42 3. The term "advocate" means an employee of the short-term safe house
43 defined in subdivision two of this section that has been trained to work
44 with and advocate for the needs of sexually exploited [children] indi-
45 viduals. The advocate shall accompany the [child] individual to all
46 court appearances and will serve as a liaison between the short-term
47 safe house and the court.
48 4. The term "safe house" means a residential facility operated by an
49 authorized agency as defined in subdivision ten of section three hundred
50 seventy-one of this article including a residential facility operating
51 as part of an approved runaway program as defined in subdivision four of
52 section five hundred thirty-two-a of the executive law or a not-for-pro-
53 fit agency with experience in providing services to sexually exploited
54 youth and approved in accordance with the regulations of the office of
55 children and family services that provides shelter for sexually
56 exploited [children] individuals. In addition, a long-term safe house
A. 3386 11
1 may be operated by a transitional independent living support program as
2 defined in subdivision six of section five hundred thirty-two-a of the
3 executive law. A safe house serving sexually exploited [children] indi-
4 viduals as defined in this title shall provide or assist in securing
5 necessary services for such sexually exploited [children] individuals
6 either through direct provision of services, or through written agree-
7 ments with other community and public agencies for the provision of
8 services including but not limited to housing, assessment, case manage-
9 ment, medical care, legal, mental health and substance and alcohol abuse
10 services. Where appropriate such safe house in accordance with a service
11 plan for such sexually exploited [child] individual may also provide
12 counseling and therapeutic services, educational services including life
13 skills services and planning services to successfully transition resi-
14 dents back to the community. Nothing in the provisions of this title or
15 article nineteen-H of the executive law shall prevent [a child] an indi-
16 vidual who is the subject of a proceeding which has not reached final
17 disposition from residing at the safe house for the duration of that
18 proceeding nor shall it prevent any sexually exploited [child] individ-
19 ual who is not the subject of a proceeding from residing at the safe
20 house. [An] For individuals under the age of eighteen, an advocate
21 employed by a short-term safe house or other appropriate staff of a
22 short-term safe house shall, to the maximum extent possible, preferably
23 within twenty-four hours but within no more than seventy-two hours
24 following a sexually exploited [child's] individual's admission into the
25 program other than pursuant to a court order, notify such [child's]
26 individual's parent, guardian or custodian of his or her physical and
27 emotional condition and the circumstances surrounding the [child's]
28 individual's presence at the program, unless there are compelling
29 circumstances why the parent, guardian or custodian should not be so
30 notified. Where such circumstances exist, the advocate or other appro-
31 priate staff member shall either file an appropriate petition in the
32 family court, refer the youth to the local social services district, or
33 in instances where abuse or neglect is suspected, report such case
34 pursuant to title six of this article.
35 5. The term "community-based program" means a program operated by a
36 not-for-profit organization that provides services such as street
37 outreach, voluntary drop-in services, peer counseling, individual coun-
38 seling, family-therapy and referrals for services such as educational
39 and vocational training and health care. Any such community-based
40 program may also work with the safe house serving sexually exploited
41 [children] individuals as defined in this title to provide transitional
42 services to such [children] individuals returning to the community.
43 § 23. Section 447-b of the social services law, as added by chapter
44 569 of the laws of 2008, subdivisions 1, 2, 3, 5 and 6 as amended by
45 section 2 of part G of chapter 58 of the laws of 2010, is amended to
46 read as follows:
47 § 447-b. Services for exploited [children] individuals. 1. Notwith-
48 standing any inconsistent provision of law, pursuant to regulations of
49 the office of children and family services, every local social services
50 district shall as a component of the district's multi-year consolidated
51 services child welfare services plan address the [child] welfare
52 services needs of sexually exploited [children] individuals and to the
53 extent that funds are available specifically therefor ensure that a
54 short-term safe house or another short-term safe placement such as an
55 approved runaway and homeless youth program, approved respite or crisis
56 program providing crisis intervention or respite services or community-
A. 3386 12
1 based program to serve sexually exploited [children] individuals is
2 available to [children] individuals residing in such district. Nothing
3 in this section shall prohibit a local social services district from
4 utilizing existing respite or crisis intervention services already oper-
5 ated by such social services district or homeless youth programs or
6 services for victims of human trafficking pursuant to article ten-D of
7 this chapter so long as the staff members have received appropriate
8 training approved by the office of children and family services regard-
9 ing sexually exploited [children] individuals and the existing programs
10 and facilities provide a safe, secure and appropriate environment for
11 sexually exploited [children] individuals. Crisis intervention
12 services, short-term safe house care and community-based programming
13 may, where appropriate, be provided by the same not-for-profit agency.
14 Local social services districts may work cooperatively to provide such
15 short-term safe house or other short-term safe placement, services and
16 programming and access to such placement, services and programming may
17 be provided on a regional basis, provided, however, that every local
18 social services district shall to the extent that funds are available
19 ensure that such placement, services and programs shall be readily
20 accessible to sexually exploited [children] individuals residing within
21 the district.
22 2. All of the services created under this title may, to the extent
23 possible provided by law, be available to all sexually exploited [chil-
24 dren] individuals whether they are accessed voluntarily, as a condition
25 of an adjournment in contemplation of dismissal issued in criminal
26 court, through the diversion services created under section seven
27 hundred thirty-five of the family court act, through a proceeding under
28 article three of the family court act, a proceeding under article ten of
29 the family court act or through a referral from a local social services
30 agency.
31 3. The capacity of the crisis intervention services and community-
32 based programs in subdivision one of this section shall be based on the
33 number of sexually exploited [children] individuals in each district who
34 are in need of such services. A determination of such need shall be made
35 in two thousand ten and every five years thereafter in every social
36 services district by the local commissioner of social services and be
37 included in the integrated county plan. Such determination shall be made
38 in consultation with local law enforcement, runaway and homeless youth
39 program providers, local probation departments, local social services
40 commissioners, the runaway and homeless youth coordinator for the local
41 social services district, local law guardians, presentment agencies,
42 public defenders and district attorney's offices and child advocates and
43 services providers who work directly with sexually exploited youth.
44 4. In determining the need for and capacity of the services created
45 under this section, each local social services district shall recognize
46 that sexually exploited youth have separate and distinct service needs
47 according to gender and, where a local social services district deter-
48 mines that the need exists, to the extent that funds are available,
49 appropriate programming shall be made available.
50 5. To the extent funds are specifically appropriated therefor, the
51 office of children and family services shall contract with an appropri-
52 ate not-for-profit agency with experience working with sexually
53 exploited [children] individuals to operate at least one long-term safe
54 house in a geographically appropriate area of the state which shall
55 provide safe and secure long term housing and specialized services for
56 sexually exploited [children] individuals throughout the state. The
A. 3386 13
1 appropriateness of the geographic location shall be determined taking
2 into account the areas of the state with high numbers of sexually
3 exploited [children] individuals and the need for sexually exploited
4 [children] individuals to find shelter and long term placement in a
5 region that cannot be readily accessed by the perpetrators of sexual
6 exploitation. The need for more than one long-term safe house shall be
7 determined by the office of children and family services based on the
8 numbers and geographical location of sexually exploited [children] indi-
9 viduals within the state. Nothing herein shall be construed to preclude
10 an agency from applying for and accepting grants, gifts and bequests of
11 funds from private individuals, foundations and the federal government
12 for the purpose of creating or carrying out the duties of a long-term
13 safe house.
14 6. The local social services commissioner may, to the extent that
15 funds are available, in conjunction with the division of criminal
16 justice services and local law enforcement officials, contract with an
17 appropriate not-for-profit agency with experience working with sexually
18 exploited [children] individuals to train law enforcement officials who
19 are likely to encounter sexually exploited [children] individuals in the
20 course of their law enforcement duties on the provisions of this section
21 and how to identify and obtain appropriate services for sexually
22 exploited [children] individuals. Local social services districts may
23 work cooperatively to provide such training and such training may be
24 provided on a regional basis. The division of criminal justice services
25 shall assist local social services districts in obtaining any available
26 funds for the purposes of conducting law enforcement training from the
27 federal justice department and the office of juvenile justice and delin-
28 quency prevention.
29 § 24. Subdivision (a) of section 483-aa of the social services law, as
30 added by chapter 74 of the laws of 2007, is amended to read as follows:
31 (a) "Human trafficking victim" means a person who is a victim of sex
32 trafficking as defined in section 230.34 of the penal law or a victim of
33 labor trafficking as defined in section 135.35 of the penal law or,
34 where a commercial sex act is induced by force, fraud, or coercion, or
35 in which the person induced to perform such act has not attained eigh-
36 teen years of age, or as defined under section 12 of 22 U.S. Code § 7102
37 - Sex Trafficking. ("sex trafficking" means the recruitment, harboring,
38 transportation, provision, obtaining, patronizing, or soliciting of a
39 person for the purpose of a commercial sex act).
40 § 25. Subdivision (a) of section 483-bb of the social services law, as
41 added by chapter 74 of the laws of 2007, is amended and a new subdivi-
42 sion (d) is added to read as follows:
43 (a) The office of temporary and disability assistance [may] shall
44 coordinate with and assist law enforcement agencies and district attor-
45 ney's offices to access appropriate services for human trafficking
46 victims.
47 (d) Annually the provision of such services shall be reviewed and
48 evaluated to ensure that victims of human trafficking are able to access
49 and to utilize such services in an appropriate and helpful manner by the
50 interagency task force on human trafficking created in section four
51 hundred eighty-three-aa of this article. If the task force determines
52 that the services prescribed herein are not appropriate, not being
53 accessed or utilized the task force shall determine protocols to ensure
54 that such services are more accessible and are more readily available.
55 § 26. Section 483-ee of the social services law, as amended by chapter
56 413 of the laws of 2016, is amended to read as follows:
A. 3386 14
1 § 483-ee. Establishment of interagency task force on human traffick-
2 ing. (a) There is established an interagency task force on trafficking
3 in persons, which shall consist of the following members or their desig-
4 nees: (1) the commissioner of the division of criminal justice services;
5 (2) the commissioner of the office of temporary and disability assist-
6 ance; (3) the commissioner of health; (4) the commissioner of the office
7 of mental health; (5) the commissioner of labor; (6) the commissioner of
8 the office of children and family services; (7) the commissioner of the
9 office of [alcoholism and substance abuse services] addiction services
10 and supports; (8) the director of the office of victim services; (9) the
11 executive director of the office for the prevention of domestic
12 violence; and (10) the superintendent of the division of state police;
13 and the following additional members, who shall be promptly appointed by
14 the governor, each for a term of two years, provided that such person's
15 membership shall continue after such two year term until a successor is
16 appointed and provided, further, that a member may be reappointed if
17 again recommended in the manner specified in this subdivision: (11) two
18 members, who shall be appointed on the recommendation of the temporary
19 president of the senate; (12) two members, who shall be appointed on the
20 recommendation of the speaker of the assembly; (13) two members, who
21 shall be appointed on the recommendation of the not-for-profit organiza-
22 tion in New York state that receives the largest share of funds, appro-
23 priated by and through the state budget, for providing services to
24 victims of human trafficking, as shall be identified annually in writing
25 by the director of the budget; and (14) one member, who shall be
26 appointed on the recommendation of the president of the New York state
27 bar association; and others as may be necessary to carry out the duties
28 and responsibilities under this section. An effort shall be made to
29 include representatives from the following groups of people: survivors
30 of human trafficking, survivors of sexual exploitation, service provid-
31 ers from various geographic areas of the state, representatives of
32 women's rights organizations, representatives of the lesbian gay bisexu-
33 al transgender and queer populations and representatives from various
34 ethnic demographics across New York state. The task force will be
35 co-chaired by the commissioners of the division of criminal justice
36 services and the office of temporary and disability assistance, or their
37 designees. It shall meet as often as is necessary, but no less than
38 three times per year, and under circumstances as are appropriate to
39 fulfilling its duties under this section. All members shall be provided
40 with written notice reasonably in advance of each meeting with date,
41 time and location of such meeting.
42 (b) The task force shall: (1) collect and organize data on the nature
43 and extent of crimes related to trafficking and sexual exploitation of
44 persons in the state; (2) identify available federal, state and local
45 programs that provide services to victims of trafficking, including but
46 not limited to case management, housing, health care, mental health
47 counseling, drug addiction screening and treatment, language interpreta-
48 tion and translation services, English language instruction, job train-
49 ing and placement assistance, post-employment services for job
50 retention, and services to assist the individual and any of his or her
51 family members to establish a permanent residence in New York state or
52 the United States; (3) consult with governmental and non-governmental
53 organizations in developing recommendations to strengthen state and
54 local efforts to prevent trafficking, protect and assist victims of
55 trafficking and prosecute traffickers; (4) establish interagency proto-
56 cols and collaboration between federal, state, and local law enforce-
A. 3386 15
1 ment, state and governmental agencies, child welfare agencies, and non-
2 governmental organizations; (5) evaluate approaches to increase public
3 awareness about trafficking and make recommendations on such approaches;
4 (6) evaluate the effectiveness of training programs on human trafficking
5 that have been designed for law enforcement personnel, criminal defense
6 attorneys, social service providers and non-governmental organizations,
7 and make recommendations for improving the quality and effectiveness of
8 such programs, as well as ensure that said training is occurring on an
9 annual basis; (7) measure and evaluate the progress of the state in
10 preventing trafficking, protecting and providing assistance to victims
11 of trafficking, and prosecuting persons engaged in trafficking; and (8)
12 convene any subcommittee necessary, provided such subcommittee has at
13 least one of the members appointed by the speaker of the assembly,
14 temporary president of the senate or governor, to consider specific
15 issues, including, but not limited to: federal, state and/or local coop-
16 eration; juveniles and human trafficking; the importance of training and
17 who should receive such training; how data is compiled and shared; and
18 services for and treatment of domestic versus foreign born victims.
19 (c) The task force shall report to the governor, the speaker of the
20 assembly, the minority leader of the assembly, the temporary president
21 of the senate and the minority leader of the senate no less than annual-
22 ly, and it shall additionally issue such reports and recommendations as
23 it deems necessary to carry out its duties and responsibilities.
24 (d) The task force shall work with the state education department to
25 create and implement additional sexual education for students in second-
26 ary school that includes information as it relates to prostitution, its
27 inherent violence and impact on public and individual health.
28 § 27. The state finance law is amended by adding a new section 97-bbbb
29 to read as follows:
30 § 97-bbbb. Victims of sexual exploitation fund. 1. There is estab-
31 lished in the joint custody of the state comptroller and the commission-
32 er of the department of taxation and finance a fund to be known as the
33 "victims of sexual exploitation fund".
34 2. The victims of sexual exploitation fund shall consist of monies
35 received by the state pursuant to section 80.20 of the penal law and all
36 other fees, fines, grants, bequests or other monies credited, appropri-
37 ated or transferred thereto from any other fund or source.
38 3. Monies of the victims of sexual exploitation fund, following appro-
39 priation by the legislature and allocation by the director of the budget
40 shall be made available for grants to victims and local assistance
41 services and expenses of programs to provide services to victims of
42 sexual exploitation as determined by the office of victim services and
43 the interagency task force on human trafficking.
44 § 28. Subdivision a of section 3-118 of the administrative code of the
45 city of New York, as amended by chapter 189 of the laws of 2018, the
46 third undesignated paragraph as amended by chapter 23 of the laws of
47 2021, is amended to read as follows:
48 a. For the purposes of this section, the following terms have the
49 following meanings:
50 Homeless youth. The term "homeless youth" means persons under the age
51 of [21] 24 who are in need of services and are without a place of shel-
52 ter where supervision and care are available.
53 Sexually exploited youth. The term "sexually exploited youth" means
54 persons under the age of 18 who have been subject to sexual exploitation
55 because they (a) are the victim of the crime of sex trafficking as
56 defined in section 230.34 of the penal law; (b) engage in any act as
A. 3386 16
1 defined in former section 230.00 of the penal law; (c) are a victim of
2 the crime of compelling prostitution as defined in section 230.33 of the
3 penal law; (d) are a victim of the crime of sex trafficking of a child
4 as defined in section 230.34-a of the penal law; or (e) engage in acts
5 or conduct described in article two hundred sixty-three of the penal
6 law. The term shall also mean persons under the age of 18 who have been
7 subject to incest in the third degree, second degree or first degree, as
8 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
9 tively, or any of the sex offenses enumerated in article one hundred
10 thirty of the penal law.
11 § 29. Subdivision 4 of section 170.30 of the criminal procedure law is
12 REPEALED.
13 § 30. Section 60.42 of the criminal procedure law, as amended by
14 section 1 of part R of chapter 55 of the laws of 2019, is amended to
15 read as follows:
16 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual
17 conduct in sex offense cases.
18 Evidence of a victim's sexual conduct shall not be admissible in a
19 prosecution for an offense or an attempt to commit an offense defined in
20 article one hundred thirty or in section 230.34 of the penal law unless
21 such evidence:
22 1. proves or tends to prove specific instances of the victim's prior
23 sexual conduct with the accused; or
24 2. [proves or tends to prove that the victim has been convicted of an
25 offense under section 230.00 of the penal law within three years prior
26 to the sex offense which is the subject of the prosecution; or
27 3.] rebuts evidence introduced by the people of the victim's failure
28 to engage in sexual intercourse, oral sexual conduct, anal sexual
29 conduct or sexual contact during a given period of time; or
30 [4.] 3. rebuts evidence introduced by the people which proves or tends
31 to prove that the accused is the cause of pregnancy or disease of the
32 victim, or the source of semen found in the victim; or
33 [5.] 4. is determined by the court after an offer of proof by the
34 accused outside the hearing of the jury, or such hearing as the court
35 may require, and a statement by the court of its findings of fact essen-
36 tial to its determination, to be relevant and admissible in the inter-
37 ests of justice.
38 § 31. The opening paragraph of subdivision 1 of section 170.80 of the
39 criminal procedure law, as amended by chapter 23 of the laws of 2021, is
40 amended to read as follows:
41 Notwithstanding any other provision of law, at any time at or after
42 arraignment on a charge of prostitution pursuant to former section
43 230.00 of the penal law, after consultation with counsel, a knowing and
44 voluntary plea of guilty has been entered to such charge, any judge or
45 justice hearing any stage of such case may, upon consent of the defend-
46 ant after consultation with counsel:
47 § 32. Subdivision 2 of section 420.35 of the criminal procedure law,
48 as amended by chapter 23 of the laws of 2021, is amended to read as
49 follows:
50 2. Except as provided in this subdivision or subdivision two-a of this
51 section, under no circumstances shall the mandatory surcharge, sex
52 offender registration fee, DNA databank fee or the crime victim assist-
53 ance fee be waived. A court shall waive any mandatory surcharge, DNA
54 databank fee and crime victim assistance fee when: (i) the defendant is
55 convicted of prostitution under former section 230.00 of the penal law;
56 (ii) the defendant is convicted of a violation in the event such
A. 3386 17
1 conviction is in lieu of a plea to or conviction for prostitution under
2 former section 230.00 of the penal law; (iii) the court finds that a
3 defendant is a victim of sex trafficking under section 230.34 of the
4 penal law or a victim of trafficking in persons under the trafficking
5 victims protection act (United States Code, Title 22, Chapter 78); or
6 (iv) the court finds that the defendant is a victim of sex trafficking
7 of a child under section 230.34-a of the penal law.
8 § 33. Subdivision 4 of section 720.15 of the criminal procedure law,
9 as amended by chapter 23 of the laws of 2021, is amended to read as
10 follows:
11 4. Notwithstanding any provision in this article, a person charged
12 with prostitution as defined in former section 230.00 of the penal law
13 regardless of whether such person (i) had prior to commencement of trial
14 or entry of a plea of guilty been convicted of a crime or found a youth-
15 ful offender, or (ii) subsequent to such conviction for prostitution is
16 convicted of a crime or found a youthful offender, the provisions of
17 subdivisions one and two of this section requiring or authorizing the
18 accusatory instrument filed against a youth to be sealed, and the
19 arraignment and all proceedings in the action to be conducted in private
20 shall apply.
21 § 34. Subdivision 1 of section 720.35 of the criminal procedure law,
22 as amended by chapter 23 of the laws of 2021, is amended to read as
23 follows:
24 1. A youthful offender adjudication is not a judgment of conviction
25 for a crime or any other offense, and does not operate as a disquali-
26 fication of any person so adjudged to hold public office or public
27 employment or to receive any license granted by public authority but
28 shall be deemed a conviction only for the purposes of transfer of super-
29 vision and custody pursuant to section two hundred fifty-nine-m of the
30 executive law. A defendant for whom a youthful offender adjudication was
31 substituted, who was originally charged with prostitution as defined in
32 former section 230.00 of the penal law, shall be deemed a "sexually
33 exploited [child] individual" as defined in subdivision one of section
34 four hundred forty-seven-a of the social services law and therefore
35 shall not be considered an adult for purposes related to the charges in
36 the youthful offender proceeding or a proceeding under section 170.80 of
37 this chapter.
38 § 35. Paragraph (d) of subdivision 4 of section 305.2 of the family
39 court act, as added by section 3 of part G of chapter 58 of the laws of
40 2010, is amended to read as follows:
41 (d) take the child who such officer has decided to take into custody
42 in accordance with this section [or section 305.1 of this part for
43 violating the provisions of section 230.00 of the penal law,] to an
44 available short-term safe house as defined in subdivision two of section
45 four hundred forty-seven-a of the social services law; or
46 § 36. Section 344.4 of the family court act, as added by chapter 761
47 of the laws of 1987, subdivision 3 as amended by chapter 264 of the laws
48 of 2003, is amended to read as follows:
49 § 344.4. Rules of evidence; admissibility of evidence of victim's
50 sexual conduct in sex offense cases. Evidence of a victim's sexual
51 conduct shall not be admissible in a juvenile delinquency proceeding for
52 a crime or an attempt to commit a crime defined in article one hundred
53 thirty of the penal law unless such evidence:
54 1. proves or tends to prove specific instances of the victim's prior
55 sexual conduct with the accused; or
A. 3386 18
1 2. [proves or tends to prove that the victim has been convicted of an
2 offense under section 230.00 of the penal law within three years prior
3 to the sex offense which is the subject of the juvenile delinquency
4 proceeding; or
5 3.] rebuts evidence introduced by the presentment agency of the
6 victim's failure to engage in sexual intercourse, oral sexual conduct,
7 anal sexual conduct or sexual contact during a given period of time; or
8 [4.] 3. rebuts evidence introduced by the presentment agency which
9 proves or tends to prove that the accused is the cause of pregnancy or
10 disease of the victim, or the source of semen found in the victim; or
11 [5.] 4. is determined by the court after an offer of proof by the
12 accused, or such hearing as the court may require, and a statement by
13 the court of its findings of fact essential to its determination, to be
14 relevant and admissible in the interests of justice.
15 § 37. Subdivision (a) of section 712 of the family court act, as sepa-
16 rately amended by chapters 92 and 97 of the laws of 2021, is amended to
17 read as follows:
18 (a) "Person in need of supervision". A person less than eighteen years
19 of age: (i) who does not attend school in accordance with the provisions
20 of part one of article sixty-five of the education law; (ii) who is
21 ungovernable or habitually disobedient and beyond the lawful control of
22 a parent or other person legally responsible for such child's care, or
23 other lawful authority; (iii) who violates the provisions of former
24 section 230.00 of the penal law; (iv) or who appears to be a sexually
25 exploited [child] individual as defined in paragraph (a)[, (c)] or [(d)]
26 (b) of subdivision one of section four hundred forty-seven-a of the
27 social services law, but only if the child consents to the filing of a
28 petition under this article.
29 § 38. Subdivision 2 of section 353 of the multiple dwelling law, as
30 amended by chapter 680 of the laws of 1967, is amended to read as
31 follows:
32 2. If there be two or more convictions in such dwelling within a peri-
33 od of six months, under [sections 230.00,] section 230.25[,] or 230.40
34 of the penal law.
35 § 39. Section 2324-a of the public health law, as amended by chapter
36 189 of the laws of 2018, is amended to read as follows:
37 § 2324-a. Presumptive evidence. For the purposes of this title, two or
38 more convictions of any person or persons had, within a period of one
39 year, for any of the offenses described in section [230.00,] 230.05,
40 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32
41 or 230.34-a of the penal law arising out of conduct engaged in at the
42 same real property consisting of a dwelling as that term is defined in
43 subdivision four of section four of the multiple dwelling law shall be
44 presumptive evidence of conduct constituting use of the premises for
45 purposes of prostitution.
46 § 40. Subdivision 3 of section 231 of the real property law, as
47 amended by chapter 368 of the laws of 2015, is amended to read as
48 follows:
49 3. For the purposes of this section, two or more convictions of any
50 person or persons had, within a period of one year, for any of the
51 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
52 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
53 ing out of conduct engaged in at the same premises consisting of a
54 dwelling as that term is defined in subdivision four of section four of
55 the multiple dwelling law shall be presumptive evidence of unlawful use
56 of such premises and of the owners knowledge of the same.
A. 3386 19
1 § 41. Subdivision 2 of section 715 of the real property actions and
2 proceedings law, as amended by chapter 368 of the laws of 2015, is
3 amended to read as follows:
4 2. For purposes of this section, two or more convictions of any person
5 or persons had, within a period of one year, for any of the offenses
6 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
7 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
8 conduct engaged in at the same real property consisting of a dwelling as
9 that term is defined in subdivision four of section four of the multiple
10 dwelling law shall be presumptive evidence of conduct constituting use
11 of the premises for purposes of prostitution.
12 § 42. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
13 and traffic law, as amended by chapter 92 of the laws of 2021, is
14 amended to read as follows:
15 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
16 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
17 of this section that result in disqualification for a period of five
18 years shall include a conviction under sections 100.10, 105.13, 115.05,
19 former sections 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25,
20 121.12, 121.13, 125.40[,] and 125.45, sections 130.20, 130.25, 130.52,
21 130.55, 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15,
22 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 220.65,
23 subdivision two of section 222.50, subdivision two of section 222.55,
24 former section 230.00, sections 230.05, 230.06, 230.11, 230.12, 230.13,
25 230.19, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10,
26 subdivision two of section 260.20 and sections 260.25, 265.02, 265.03,
27 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to
28 commit any of the aforesaid offenses under section 110.00 of the penal
29 law, or any similar offenses committed under a former section of the
30 penal law, or any offenses committed under a former section of the penal
31 law which would constitute violations of the aforesaid sections of the
32 penal law, or any offenses committed outside this state which would
33 constitute violations of the aforesaid sections of the penal law.
34 § 43. Severability. If any provision or term of this act is for any
35 reason declared unconstitutional or invalid or ineffective by any compe-
36 tent jurisdiction, such decision shall not affect the validity of the
37 effectiveness of the remaining portions of this act or any part thereof.
38 § 44. This act shall take effect on the sixtieth day after it shall
39 have become a law; provided that the amendments to section 483-ee of the
40 social services law made by section twenty-six of this act shall not
41 affect the repeal of such section and shall be deemed repealed there-
42 with. Effective immediately the addition, amendment and/or repeal of
43 any rule or regulation necessary for the implementation of this act on
44 its effective date are authorized to be made and completed on or before
45 such date.
