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A07069 Summary:

BILL NOA07069
 
SAME ASSAME AS S06040
 
SPONSORHunter
 
COSPNSRPaulin, Jean-Pierre
 
MLTSPNSR
 
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-a, 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.
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A07069 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER:A7069
 
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   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 230.35 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 440.10 of the Criminal Procedure Law, "Motion to vacate judgment." Provides for vacatur of convictions where the defendant's participation in the offense was a result of having been a victim of sex trafficking under section 230.34, sex trafficking of a child under section 230.34-a, labor trafficking under section 135.35, aggravated labor trafficking under section 135.37, or compelling prosti- tution under section 230.33 of the Penal Law, as well as trafficking in persons under the Trafficking Victims Protection Act (United States Code, title 22, chapter 78). Amends the list of official documentation that creates a presumption that participation in the offense was a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking in persons, to include documentation of the defendant's status as a victim of labor trafficking or aggravated labor trafficking. Establishes that a motion for vacatur, along with all pertinent paperwork shall be kept confidential and may not be made available to any person, or private or public agency unless authorized by the court. Establishes that the granting of a motion for vacatur shall consider the circumstances and the interest of justice. Section 13: 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 14: Adds a new section 440.46-a 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 15: 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 16: Adds a new section 4519-A 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 of a 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 17: 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 18: 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 19: 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 Police to make all materials, trainings, and resources available to all local law enforcement branches. Section 20: 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 21: 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 22: 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-a 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 23: 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 24: 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 25: 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 26: 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 27: 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 28: 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 29 - 43: 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 44: Provides a severability clause. Section 45: 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-seven 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 LGBTQ+ 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 *Allows individuals who have prior convictions to vacate or expunge those judgements, enabling them to access housing, healthcare, and employment opportunities that were thwarted by their criminal records *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'. The Norwegian Ministry of Justice and Public Secu- rity 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 ban2. When France enacted an Equality Model legal framework, it set a good example by incorporating training for law enforcement and other profes- sionals, and robust social services in order to provide needed support to survivors and people in the sex trade. The Sex Trade Survivors 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 Traf- ficking 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 importantly, this legislation is what survi- vors of the sex trade want.   LEGISLATIVE HISTORY: This is a new bill.   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. 1 Evaluation of the Prohibition of the Purchase of Sexual Services, Submitted by Chancellor of Justice Anna Skarhed of the Swedish Ministry of Justice on July 2, 2010. English summary accessed online at https://www.government.se/4a4908/contentassets/ 8f0c2ccaa84e455f8bd2b7e9c5 57ffie/english-summary-of-sou2010-49.pdf 2 Evaluering av Forbudet mot Kjop av Seksuelle Tjenester (Evaluation of the Ban on Purchase of Sexual Services), commissioned by the Norwegian Ministry of Justice and Public Security, and submitted by Vista Analyse in 2014. English summary accessed online at https://vista-analyse.no/site/assets/files/5962/eng1.pdf
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A07069 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7069
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 21, 2021
                                       ___________
 
        Introduced by M. of A. HUNTER -- 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.
                                                                   LBD08899-07-1

        A. 7069                             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. 7069                             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. 7069                             4
 
     1    2. After the completion of a compulsory financial disclosure, if it is
     2  determined  that  a  defendant is in a financial position to pay a fine,
     3  such defendant shall pay a fine calculated as provided in this  subdivi-
     4  sion.    Except for individuals who are determined to be unable to pay a
     5  fine, the schedule of fines shall be as follows:
     6     Amount of net taxable income:             Schedule of Fines:
     7     (a) Less than thirty thousand             Fifty dollars
     8     dollars
     9     (b) Thirty thousand dollars or            One hundred dollars
    10     more, but less than fifty
    11     thousand dollars
    12     (c) Fifty thousand dollars or             Two hundred dollars
    13     more, but less than seventy-five
    14     thousand dollars
    15     (d) Seventy-five thousand dollars         Three hundred dollars
    16     or more, but less than one hundred
    17     thousand dollars
    18     (e) One hundred thousand dollars or       Five hundred dollars
    19     more, but less than one hundred fifty
    20     thousand dollars
    21     (f) One hundred fifty thousand            Seven hundred dollars
    22     dollars or more, but less than two
    23     hundred thousand dollars
    24     (g) Greater than two hundred              One thousand dollars
    25     thousand dollars
    26    3.  Notwithstanding  any  other  provision  of  law,  a  person  whose
    27  violation of  any  offense  enumerated  under  section  230.05,  230.06,
    28  230.19,  230.20,  230.25, 230.30, 230.32, 230.33, 230.34, or 230.34-a of
    29  this chapter that results in a judicial disposition other  than  acquit-
    30  tal,  adjournment in contemplation of dismissal or dismissal shall pay a
    31  fine the sum of which will be calculated at the time of sentencing, on a
    32  sliding scale, based on their net taxable income, which shall be  deter-
    33  mined  by  the completion of a compulsory financial disclosure. If it is
    34  determined that such defendant is in  a  financial  position  to  pay  a
    35  prescribed fine, such defendant shall pay a fine in one of the following
    36  amounts to the court, to be distributed to the victims of sexual exploi-
    37  tation  fund  established  by  section  ninety-seven-bbbb  of  the state
    38  finance law.
    39    (a) A person convicted of a first offense shall pay a fine of not less
    40  than one thousand dollars and not more than the maximum amount  applica-
    41  ble under section 80.00 of this article.
    42    (b)  A  person  convicted  of a second offense shall pay a fine of not
    43  less than five thousand  dollars  nor  more  than  twenty-five  thousand
    44  dollars.
    45    (c)  A  person  convicted of a third or subsequent offense shall pay a
    46  fine of not less than ten thousand dollars nor more than fifty  thousand
    47  dollars.
    48    4. (a) If the defendant is assessed a fine or fee by the court but can
    49  prove  they will have financial difficulty paying the amount in one lump
    50  sum an installment payment plan may be provided  as  described  in  this
    51  subdivision.  Any such installment payment plan shall include all fines,
    52  fees and mandatory surcharges and shall consist of monthly payments that
    53  do not exceed two percent of such person's monthly net taxable income or
    54  ten  dollars  per  month,  whichever is greater. For the purpose of this
    55  subdivision, the term "net taxable income" means a person's total income
    56  from all sources and assets, minus deductions required by law  including

        A. 7069                             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-bbb
    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. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
    53  procedure law, as amended by section 3 of part OO of chapter 55  of  the
    54  laws of 2019, subparagraph (ii) as amended by chapter 131 of the laws of
    55  2019, is amended to read as follows:

        A. 7069                             6
 
     1    (i) The judgment is a conviction where [the arresting charge was under
     2  section  240.37 (loitering for the purpose of engaging in a prostitution
     3  offense, provided that the defendant was not alleged to be loitering for
     4  the purpose of patronizing a person for prostitution or promoting  pros-
     5  titution)  or  230.00 (prostitution) or 230.03 (prostitution in a school
     6  zone) of the penal  law,  and]  the  defendant's  participation  in  the
     7  offense  was  a  result of having been a victim of sex trafficking under
     8  section 230.34 of the penal  law,  sex  trafficking  of  a  child  under
     9  section  230.34-a  of  the  penal  law,  labor trafficking under section
    10  135.35 of the penal law,  aggravated  labor  trafficking  under  section
    11  135.37 of the penal law, compelling prostitution under section 230.33 of
    12  the  penal  law, or trafficking in persons under the Trafficking Victims
    13  Protection Act (United States Code, title 22, chapter 78); provided that
    14    (i) a motion under this paragraph shall be made  with  due  diligence,
    15  after  the  defendant  has  ceased to be a victim of such trafficking or
    16  compelling prostitution crime or has sought services for victims of such
    17  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    18  concerns  for the safety of the defendant, family members of the defend-
    19  ant, or other victims of such  trafficking  or  compelling  prostitution
    20  crime  that  may  be  jeopardized by the bringing of such motion, or for
    21  other reasons consistent with the purpose of this paragraph; [and]
    22    (ii) official documentation of the defendant's status as a  victim  of
    23  trafficking, labor trafficking, aggravated labor trafficking, compelling
    24  prostitution or trafficking in persons at the time of the offense from a
    25  federal,  state  or  local  government agency shall create a presumption
    26  that the defendant's participation in the offense was a result of having
    27  been a victim of sex trafficking, labor  trafficking,  aggravated  labor
    28  trafficking,  compelling  prostitution  or  trafficking  in persons, but
    29  shall not be required for granting a motion under this paragraph;
    30    (iii) a motion under this paragraph,  and  all  pertinent  papers  and
    31  documents,  shall  be  confidential and may not be made available to any
    32  person or public or private agency except where specifically  authorized
    33  by the court; and
    34    (iv) the granting of a motion under this paragraph shall be determined
    35  by  the  court in consideration of the circumstances and the interest of
    36  justice; or
    37    § 13. Section 1.20 of the criminal procedure law is amended by  adding
    38  a new subdivision 46 to read as follows:
    39    46. "Vacatur" of convictions under paragraph (i) of subdivision one of
    40  section  440.10  of  this  chapter  means,  to  dismiss the judgment, to
    41  dismiss the accusatory instrument, and mark all records as vacated based
    42  on the merits. The court shall make a copy of all official  records  and
    43  papers available to the defendant.
    44    §  14.  The  criminal procedure law is amended by adding a new section
    45  440.46-a to read as follows:
    46  § 440.46-a Motion for resentence; persons convicted of certain prostitu-
    47              tion offenses.
    48    1. When a person has been convicted, whether by trial verdict or guil-
    49  ty plea, under former section 230.00, 230.03 or 240.37 of the penal law,
    50  then the chief administrative judge of the state of New York  shall,  in
    51  accordance  with this section, automatically vacate, dismiss and expunge
    52  such conviction in accordance with section 160.50 of this  chapter,  and
    53  the  office  of  court administration shall immediately notify the state
    54  division of criminal justice services, state department  of  corrections
    55  and community supervision and the appropriate local correctional facili-
    56  ty  which  shall  immediately  effectuate  the  appropriate relief. Such

        A. 7069                             7
 
     1  notification to the division of criminal  justice  services  shall  also
     2  direct  that  such agency notify all relevant police and law enforcement
     3  agencies of their duty to destroy and/or mark records  related  to  such
     4  case  in accordance with section 160.50 of this chapter. Nothing in this
     5  section shall prevent a person who  believes  his  or  her  sentence  is
     6  required  by  this section to be vacated, dismissed and/or expunged from
     7  filing a petition with the court to effectuate all appropriate relief.
     8    2. (a) When a person has been convicted  in  this  state,  whether  by
     9  trial  verdict  or  guilty  plea, under former section 230.00, 230.03 or
    10  240.37 of the penal law, then such person  may  petition  the  court  of
    11  conviction pursuant to this article for vacatur of such conviction.
    12    (b)  Upon  receiving  a served and filed motion under paragraph (a) of
    13  this subdivision, the court  shall  presume  the  movant  satisfies  the
    14  criteria in such paragraph (a) and shall grant the motion to vacate such
    15  conviction  unless  the  party  opposing the motion proves, by clear and
    16  convincing evidence, that the movant does not satisfy the  criteria.  If
    17  the  movant  satisfies the criteria, the court shall grant the motion to
    18  vacate the conviction if: (i) the conviction was by plea of  guilty,  on
    19  grounds  that such plea was not knowing, voluntary and intelligent owing
    20  to ongoing consequences; and (ii)  the  conviction  was  by  verdict  or
    21  otherwise,  on  grounds  that  such  conviction and sentence constitutes
    22  cruel and unusual punishment under the state constitution owing to  such
    23  ongoing  consequences;  and  may,  if the petition meets the criteria in
    24  subparagraph (i) of this  paragraph,  after  affording  the  parties  an
    25  opportunity  to  be heard and present evidence, substitute, unless it is
    26  not in the interests of justice to do so, a conviction for an  appropri-
    27  ate lesser offense under article two hundred thirty of the penal law.
    28    (c)  In  the  event  of  any vacatur pursuant to this subdivision, the
    29  office of court administration shall immediately notify the state  divi-
    30  sion  of  criminal  justice services concerning such determination. Such
    31  notification to the division of criminal  justice  services  shall  also
    32  direct  that  such agency notify all relevant police and law enforcement
    33  agencies of their duty to destroy and/or mark records  related  to  such
    34  case  in accordance with section 160.50 of this chapter, and update such
    35  agencies' records accordingly.
    36    3. The chief administrator of the courts shall promulgate  all  neces-
    37  sary  rules  and make available all necessary forms to enable the filing
    38  of the petitions and applications provided in this section no later than
    39  sixty days following the effective date of this section.  All  sentences
    40  eligible  for  automatic  vacatur, dismissal and expungement pursuant to
    41  subdivision one of this section shall be  identified  and  the  required
    42  entities notified within one year of the effective date of this section.
    43    §  15.  Section  6512  of the education law is amended by adding a new
    44  subdivision 3 to read as follows:
    45    3. If the department conducts an investigation into acts alleged to be
    46  the unauthorized practice of massage therapy under article  one  hundred
    47  fifty-five of this chapter, the department shall consider whether or not
    48  the  individual  who  allegedly committed the acts did so as a result of
    49  having been a victim of compelling prostitution under section 230.33, of
    50  sex trafficking under section 230.34 or of sex trafficking  of  a  child
    51  under  section  230.34-a of the penal law. In the event that the depart-
    52  ment suspects that such individual has been the victim of  one  or  more
    53  such  offenses,  the  department shall make an immediate referral of the
    54  matter to local service providers, as defined by the  Safe  Harbour  For
    55  Exploited Children Act or by the office of children and family services.
    56  If the department subsequently reports the matter to the attorney gener-

        A. 7069                             8
 
     1  al  with  a  request  for  prosecution,  the department shall inform the
     2  attorney general of such suspicions and referral.
     3    §  16.  The  civil  practice  law and rules is amended by adding a new
     4  section 4519-a to read as follows:
     5    § 4519-a. Possession of reproductive or sexual health devices; receipt
     6  into evidence. 1. Evidence that a person was in possession of  a  condom
     7  or  other  reproductive  or  sexual health device may not be received in
     8  evidence in any trial, hearing or proceeding in relation to any  allega-
     9  tion  of  a  misdemeanor  offense pursuant to subdivision one of section
    10  twelve and article ten of the multiple dwelling law,  sections  twelve-a
    11  and  twenty-three  hundred  twenty of the public health law, section two
    12  hundred thirty-one of the real  property  law  or  subdivision  five  of
    13  section  seven  hundred  eleven and section seven hundred fifteen of the
    14  real property actions and proceedings law, or by any law, local  law  or
    15  ordinance  of  a  municipality or political subdivision of the state, or
    16  any word,  rule,  or  regulation  of  any  governmental  instrumentality
    17  authorized  by  law to adopt the same as evidence of conduct which would
    18  constitute an offense defined in article two hundred thirty of the penal
    19  law.
    20    2. "Reproductive or sexual health device" shall include, but shall not
    21  be limited to, any contraceptive or other tool used to prevent  unwanted
    22  pregnancy  or  the  transmission  of  HIV  or other sexually transmitted
    23  diseases, including but not limited to  male  condoms,  female  condoms,
    24  lubricants,  pre-exposure  prophylaxis (PrEP), post-exposure prophylaxis
    25  (PEP), HIV anti-retroviral  medication,  spermicide,  hormonal  methods,
    26  emergency contraception, diaphragm, cervical cap, or sponge.
    27    § 17. Section 60.47 of the criminal procedure law, as amended by chap-
    28  ter 23 of the laws of 2021, is amended to read as follows:
    29  § 60.47 Possession  of  condoms  or  other reproductive or sexual health
    30             device; receipt into evidence for allegations of  misdemeanor
    31             offenses.
    32    1.  Evidence that a person was in possession of one or more condoms or
    33  other  reproductive  or  sexual health device may not be admitted at any
    34  trial, hearing, or  other  proceeding  in  a  prosecution  for  [section
    35  230.00] any misdemeanor offense, or an attempt to commit any misdemeanor
    36  offense,  defined  in article  two  hundred  thirty of the penal law, or
    37  section sixty-five hundred twelve of the  education  law,  or  any  law,
    38  local  law  or  ordinance  of a municipality or political subdivision of
    39  state,  or  any word,  rule or regulation of any governmental instrumen-
    40  tality authorized by law to adopt the same, for the  purpose  of  estab-
    41  lishing  probable cause for an arrest or proving any person's commission
    42  or attempted commission of such offense.
    43    2. "Reproductive or sexual health device" shall include, but shall not
    44  be limited to, any contraceptive or other tool used to prevent  unwanted
    45  pregnancy  or  the  transmission  of  HIV  or other sexually transmitted
    46  diseases, including but not limited to  male  condoms,  female  condoms,
    47  lubricants,  pre-exposure  prophylaxis (PrEP), post-exposure prophylaxis
    48  (PEP), HIV anti-retroviral  medication,  spermicide,  hormonal  methods,
    49  emergency contraception, diaphragm, cervical cap, or sponge.
    50    § 18. Paragraph (c) of subdivision 1 of section 532-d of the executive
    51  law,  as  amended  by  section  5 of part M of chapter 56 of the laws of
    52  2017, is amended to read as follows:
    53    (c) A homeless youth who entered  a  transitional  independent  living
    54  program  under  the  age  of  [twenty-one]  twenty-four  may continue to
    55  receive shelter services in such program beyond  the  applicable  period
    56  authorized by paragraph (b) of this subdivision, if the municipality has

        A. 7069                             9
 
     1  notified  the  office of children and family services in accordance with
     2  clause (iv) of subparagraph three of paragraph a of subdivision  two  of
     3  section four hundred twenty of this chapter;
     4    §  19.  Section 214-d of the executive law, as added by chapter 368 of
     5  the laws of 2015, is amended to read as follows:
     6    § 214-d. Human trafficking  and  sexual  exploitation  awareness.  The
     7  superintendent,  in  consultation with the office of temporary and disa-
     8  bility assistance, the office of children and family services,  and  the
     9  division of criminal justice services, shall:
    10    [(1)]  1.  (a) develop, maintain and disseminate to all members of the
    11  state police, including new  and  veteran  officers,  written  policies,
    12  procedures  and  educational materials relating to human trafficking and
    13  sexually exploited victims, including but not limited to,  (i)  services
    14  available  for  victims  of human trafficking and services available for
    15  victims of sexual exploitation, as referenced in  section  four  hundred
    16  eighty-three-bb  of  the  social  services law, and title eight-A of the
    17  social services law; and (ii) education on the impact of the trauma  and
    18  emotional  harm  experienced  by victims of human trafficking and sexual
    19  exploitation; and
    20    [(2)] (b) establish and implement trauma informed  written  procedures
    21  and  policies  in  the  event  a  member of the division of state police
    22  encounters an individual believed to be a victim of  human  trafficking,
    23  or victim of sexual exploitation which shall include, but not be limited
    24  to,  the  provision  of  information  and/or  referral to an appropriate
    25  provider of social and legal services to human trafficking, or  sexually
    26  exploited  victims[, in accordance with such section four hundred eight-
    27  y-three-bb]; and
    28    (c) establish and implement trauma  informed  written  procedures  and
    29  policies in the event  a member of the division of state police encount-
    30  ers such victim, including  the provision of information and referral to
    31  the appropriate services.
    32    2.  In  the development of such program, the commissioners, and super-
    33  intendent of state police shall seek  the  recommendations  of  a  broad
    34  range  of  experts  such  as  social  service  providers,  certified and
    35  licensed social workers, others  with  educational  expertise  in  human
    36  trafficking,  sexual  exploitation,  intimate  partner  violence, sexual
    37  assault, reproductive and sexual health care, and serving lesbian,  gay,
    38  bisexual, transgender and questioning individuals.
    39    3.  The  superintendent shall make available to all local law enforce-
    40  ment all materials, trainings, and resources developed pursuant to  this
    41  chapter.
    42    §  20. Section 650 of the county law is amended by adding a new subdi-
    43  vision 3 to read as follows:
    44    3. The sheriff, in any county with greater than one  hundred  thousand
    45  residents according to the most recent census, shall, for all members of
    46  the department:
    47    (a) adopt, maintain, and disseminate written policies, and educational
    48  materials,  regarding human trafficking and sexual exploitation, includ-
    49  ing, but not limited to: (i)  services available for  victims  of  human
    50  trafficking  or sexual exploitation; and (ii) education on the impact of
    51  the trauma and emotional harm experienced by victims of human  traffick-
    52  ing and sexual  exploitation;
    53    (b)  establish,  and implement on an ongoing basis, a training program
    54  for all  current and new employees regarding the policies and procedures
    55  established pursuant to this section; and

        A. 7069                            10
 
     1    (c) establish and implement trauma informed written    procedures  and
     2  policies in the event a member of the police department  encounters such
     3  victim,  including  the  provision  of  information  and referral to the
     4  appropriate services.
     5    §  21.  Section  39  of the town law, as amended by chapter 476 of the
     6  laws of 2018, is amended to read as follows:
     7    § 39. Powers and duties of constables and town police  officers.    1.
     8  Constables and town police officers shall have all the power and author-
     9  ity  conferred upon constables by the general laws of the state and such
    10  additional powers, not inconsistent with law, as shall be conferred upon
    11  them by the town board. They shall be subject to the  general  authority
    12  and  direction  of  the town board and to such orders and regulations as
    13  the town board may prescribe, not inconsistent with law.
    14    2. The chief constable or police officer, in  any  town  with  greater
    15  than one hundred thousand residents according to the most recent census,
    16  shall, for all members of the department:
    17    (a) adopt, maintain, and disseminate written policies, and educational
    18  materials,  regarding human trafficking and sexual exploitation, includ-
    19  ing, but not limited to:
    20    (i) services available for victims  of  human  trafficking  or  sexual
    21  exploitation; and
    22    (ii)  education on the impact of the trauma and emotional harm experi-
    23  enced by victims of human trafficking and sexual exploitation;
    24    (b) establish, and implement on an ongoing basis, a  training  program
    25  for  all current and new employees regarding the policies and procedures
    26  established pursuant to this section; and
    27    (c) establish and implement trauma  informed  written  procedures  and
    28  policies in the event a member of the police department  encounters such
    29  victim,  including  the  provision  of  information  and referral to the
    30  appropriate services.
    31    § 22. Section 841 of the executive law is  amended  by  adding  a  new
    32  subdivision 7-b to read as follows:
    33    7-b.  Take  such  steps  as may be necessary to ensure that all police
    34  officers and peace officers certified pursuant to subdivision  three  of
    35  this  section  receive appropriate instruction regarding the evidentiary
    36  prohibition set forth in section 60.47 of the criminal procedure law and
    37  section forty-five hundred nineteen-a of  the  civil  practice  law  and
    38  rules  relating  to  the use of condoms and other reproductive or sexual
    39  health devices as evidence in certain misdemeanor  trials,  hearings  or
    40  proceedings, or as a basis for probable cause for arrest, including that
    41  unauthorized  seizure  or confiscation of condoms and other reproductive
    42  or sexual health devices as a breach of public policy;
    43    § 23. Section 447-a of the social services law, as  added  by  chapter
    44  569  of the laws of 2008, subdivision 1 as amended by chapter 189 of the
    45  laws of 2018, paragraphs (c) and (d) of  subdivision  1  as  amended  by
    46  chapter 23 of the laws of 2021, subdivision 2 as amended by section 8 of
    47  part  M  of  chapter 56 of the laws of 2017, and subdivisions 4 and 5 as
    48  amended by section 1 of part G of chapter 58 of the  laws  of  2010,  is
    49  amended to read as follows:
    50    § 447-a. Definitions. As used in this title:
    51    1.  The  term "sexually exploited [child] individual" means any person
    52  under the age of [eighteen] twenty-four at the  time  of  identification
    53  who has been subject to sexual exploitation because he or she:
    54    (a)  is  the  victim  of  the  crime  of sex trafficking as defined in
    55  section 230.34 of the penal law or the crime of sex  trafficking  of  [a
    56  child] an individual as defined in section 230.34-a of the penal law; or

        A. 7069                            11
 
     1    (b) [engages in any act as defined in section 230.00 of the penal law;
     2    (c)] is a victim of the crime of compelling prostitution as defined in
     3  section 230.33 of the penal law[;
     4    (d)  engages  in  acts  or  conduct  described  in article two hundred
     5  sixty-three of the penal law].
     6    2. The term "short-term safe house" means a residential facility oper-
     7  ated by an authorized agency as defined in subdivision  ten  of  section
     8  three hundred seventy-one of this article including a residential facil-
     9  ity  operating  as  part of a runaway and homeless youth crisis services
    10  program as defined in subdivision four of section five  hundred  thirty-
    11  two-a of the executive law or a not-for-profit agency with experience in
    12  providing  services  to sexually exploited youth and approved in accord-
    13  ance with the regulations of the office of children and family  services
    14  that provides emergency shelter, services and care to sexually exploited
    15  [children]  individuals including food, shelter, clothing, medical care,
    16  counseling and appropriate crisis intervention services at the time they
    17  are taken into custody by law enforcement and for the  duration  of  any
    18  legal proceeding or proceedings in which they are either the complaining
    19  witness  or  the  subject  [child] individual. The short-term safe house
    20  shall also be available at the point in time that [a child] an  individ-
    21  ual  under  the  age  of  [eighteen] twenty-four has first come into the
    22  custody of juvenile detention officials, law enforcement, local jails or
    23  the local commissioner of social services or is residing with the  local
    24  runaway and homeless youth authority.
    25    3.  The term "advocate" means an employee of the short-term safe house
    26  defined in subdivision two of this section that has been trained to work
    27  with and advocate for the needs of sexually exploited  [children]  indi-
    28  viduals.  The  advocate  shall  accompany  the [child] individual to all
    29  court appearances and will serve as a  liaison  between  the  short-term
    30  safe house and the court.
    31    4.  The  term "safe house" means a residential facility operated by an
    32  authorized agency as defined in subdivision ten of section three hundred
    33  seventy-one of this article including a residential  facility  operating
    34  as part of an approved runaway program as defined in subdivision four of
    35  section five hundred thirty-two-a of the executive law or a not-for-pro-
    36  fit  agency  with experience in providing services to sexually exploited
    37  youth and approved in accordance with the regulations of the  office  of
    38  children   and  family  services  that  provides  shelter  for  sexually
    39  exploited [children] individuals.  In addition, a long-term  safe  house
    40  may  be operated by a transitional independent living support program as
    41  defined in subdivision six of section five hundred thirty-two-a  of  the
    42  executive  law. A safe house serving sexually exploited [children] indi-
    43  viduals as defined in this title shall provide  or  assist  in  securing
    44  necessary  services  for  such sexually exploited [children] individuals
    45  either through direct provision of services, or through  written  agree-
    46  ments  with  other  community  and  public agencies for the provision of
    47  services including but not limited to housing, assessment, case  manage-
    48  ment, medical care, legal, mental health and substance and alcohol abuse
    49  services. Where appropriate such safe house in accordance with a service
    50  plan  for  such  sexually  exploited [child] individual may also provide
    51  counseling and therapeutic services, educational services including life
    52  skills services and planning services to successfully  transition  resi-
    53  dents  back to the community. Nothing in the provisions of this title or
    54  article nineteen-H of the executive law shall prevent [a child] an indi-
    55  vidual who is the subject of a proceeding which has  not  reached  final
    56  disposition  from  residing  at  the safe house for the duration of that

        A. 7069                            12
 
     1  proceeding nor shall it prevent any sexually exploited [child]  individ-
     2  ual  who  is  not  the subject of a proceeding from residing at the safe
     3  house.  [An] For individuals under the  age  of  eighteen,  an  advocate
     4  employed  by  a  short-term  safe  house or other appropriate staff of a
     5  short-term safe house shall, to the maximum extent possible,  preferably
     6  within  twenty-four  hours  but  within  no  more than seventy-two hours
     7  following a sexually exploited [child's] individual's admission into the
     8  program other than pursuant to a  court  order,  notify  such  [child's]
     9  individual's  parent,  guardian  or custodian of his or her physical and
    10  emotional condition and  the  circumstances  surrounding  the  [child's]
    11  individual's  presence  at  the  program,  unless  there  are compelling
    12  circumstances why the parent, guardian or custodian  should  not  be  so
    13  notified.  Where  such circumstances exist, the advocate or other appro-
    14  priate staff member shall either file an  appropriate  petition  in  the
    15  family  court, refer the youth to the local social services district, or
    16  in instances where abuse or  neglect  is  suspected,  report  such  case
    17  pursuant to title six of this article.
    18    5.  The  term  "community-based program" means a program operated by a
    19  not-for-profit  organization  that  provides  services  such  as  street
    20  outreach,  voluntary drop-in services, peer counseling, individual coun-
    21  seling, family-therapy and referrals for services  such  as  educational
    22  and  vocational  training  and  health  care.  Any  such community-based
    23  program may also work with the safe  house  serving  sexually  exploited
    24  [children]  individuals as defined in this title to provide transitional
    25  services to such [children] individuals returning to the community.
    26    § 24. Section 447-b of the social services law, as  added  by  chapter
    27  569  of  the  laws  of 2008, subdivisions 1, 2, 3, 5 and 6 as amended by
    28  section 2 of part G of chapter 58 of the laws of  2010,  is  amended  to
    29  read as follows:
    30    §  447-b.  Services  for exploited [children] individuals. 1. Notwith-
    31  standing any inconsistent provision of law, pursuant to  regulations  of
    32  the  office of children and family services, every local social services
    33  district shall as a component of the district's multi-year  consolidated
    34  services  child  welfare  services  plan  address  the  [child]  welfare
    35  services needs of sexually exploited [children] individuals and  to  the
    36  extent  that  funds  are  available  specifically therefor ensure that a
    37  short-term safe house or another short-term safe placement  such  as  an
    38  approved  runaway and homeless youth program, approved respite or crisis
    39  program providing crisis intervention or respite services or  community-
    40  based  program  to  serve  sexually  exploited [children] individuals is
    41  available to [children] individuals residing in such  district.  Nothing
    42  in  this  section  shall  prohibit a local social services district from
    43  utilizing existing respite or crisis intervention services already oper-
    44  ated by such social services district  or  homeless  youth  programs  or
    45  services  for  victims of human trafficking pursuant to article ten-D of
    46  this chapter so long as the  staff  members  have  received  appropriate
    47  training  approved by the office of children and family services regard-
    48  ing sexually exploited [children] individuals and the existing  programs
    49  and  facilities  provide  a safe, secure and appropriate environment for
    50  sexually  exploited  [children]  individuals.      Crisis   intervention
    51  services,  short-term  safe  house  care and community-based programming
    52  may, where appropriate, be provided by the same  not-for-profit  agency.
    53  Local  social  services districts may work cooperatively to provide such
    54  short-term safe house or other short-term safe placement,  services  and
    55  programming  and  access to such placement, services and programming may
    56  be provided on a regional basis, provided,  however,  that  every  local

        A. 7069                            13
 
     1  social  services  district  shall to the extent that funds are available
     2  ensure that such placement,  services  and  programs  shall  be  readily
     3  accessible  to sexually exploited [children] individuals residing within
     4  the district.
     5    2.  All  of  the  services created under this title may, to the extent
     6  possible provided by law, be available to all sexually exploited  [chil-
     7  dren]  individuals whether they are accessed voluntarily, as a condition
     8  of an adjournment in  contemplation  of  dismissal  issued  in  criminal
     9  court,  through  the  diversion  services  created  under  section seven
    10  hundred thirty-five of the family court act, through a proceeding  under
    11  article three of the family court act, a proceeding under article ten of
    12  the  family court act or through a referral from a local social services
    13  agency.
    14    3. The capacity of the crisis  intervention  services  and  community-
    15  based  programs in subdivision one of this section shall be based on the
    16  number of sexually exploited [children] individuals in each district who
    17  are in need of such services. A determination of such need shall be made
    18  in two thousand ten and every five  years  thereafter  in  every  social
    19  services  district  by  the local commissioner of social services and be
    20  included in the integrated county plan. Such determination shall be made
    21  in consultation with local law enforcement, runaway and  homeless  youth
    22  program  providers,  local  probation departments, local social services
    23  commissioners, the runaway and homeless youth coordinator for the  local
    24  social  services  district,  local  law guardians, presentment agencies,
    25  public defenders and district attorney's offices and child advocates and
    26  services providers who work directly with sexually exploited youth.
    27    4. In determining the need for and capacity of  the  services  created
    28  under  this section, each local social services district shall recognize
    29  that sexually exploited youth have separate and distinct  service  needs
    30  according  to  gender and, where a local social services district deter-
    31  mines that the need exists, to the  extent  that  funds  are  available,
    32  appropriate programming shall be made available.
    33    5.  To  the  extent  funds are specifically appropriated therefor, the
    34  office of children and family services shall contract with an  appropri-
    35  ate   not-for-profit   agency  with  experience  working  with  sexually
    36  exploited [children] individuals to operate at least one long-term  safe
    37  house  in  a  geographically  appropriate  area of the state which shall
    38  provide safe and secure long term housing and specialized  services  for
    39  sexually  exploited  [children]  individuals  throughout  the state. The
    40  appropriateness of the geographic location shall  be  determined  taking
    41  into  account  the  areas  of  the  state  with high numbers of sexually
    42  exploited [children] individuals and the  need  for  sexually  exploited
    43  [children]  individuals  to  find  shelter  and long term placement in a
    44  region that cannot be readily accessed by  the  perpetrators  of  sexual
    45  exploitation.  The  need for more than one long-term safe house shall be
    46  determined by the office of children and family services  based  on  the
    47  numbers and geographical location of sexually exploited [children] indi-
    48  viduals  within the state. Nothing herein shall be construed to preclude
    49  an agency from applying for and accepting grants, gifts and bequests  of
    50  funds  from  private individuals, foundations and the federal government
    51  for the purpose of creating or carrying out the duties  of  a  long-term
    52  safe house.
    53    6.  The  local  social  services  commissioner may, to the extent that
    54  funds are available,  in  conjunction  with  the  division  of  criminal
    55  justice  services  and local law enforcement officials, contract with an
    56  appropriate not-for-profit agency with experience working with  sexually

        A. 7069                            14
 
     1  exploited  [children] individuals to train law enforcement officials who
     2  are likely to encounter sexually exploited [children] individuals in the
     3  course of their law enforcement duties on the provisions of this section
     4  and  how  to  identify  and  obtain  appropriate  services  for sexually
     5  exploited [children] individuals. Local social  services  districts  may
     6  work  cooperatively  to  provide  such training and such training may be
     7  provided on a regional basis. The division of criminal justice  services
     8  shall  assist local social services districts in obtaining any available
     9  funds for the purposes of conducting law enforcement training  from  the
    10  federal justice department and the office of juvenile justice and delin-
    11  quency prevention.
    12    § 25. Subdivision (a) of section 483-aa of the social services law, as
    13  added by chapter 74 of the laws of 2007, is amended to read as follows:
    14    (a)  "Human  trafficking victim" means a person who is a victim of sex
    15  trafficking as defined in section 230.34 of the penal law or a victim of
    16  labor trafficking as defined in section 135.35  of  the  penal  law  or,
    17  where  a  commercial sex act is induced by force, fraud, or coercion, or
    18  in which the person induced to perform such act has not  attained  eigh-
    19  teen years of age, or as defined under section 12 of 22 U.S. Code § 7102
    20  -  Sex Trafficking. ("sex trafficking" means the recruitment, harboring,
    21  transportation, provision, obtaining, patronizing, or  soliciting  of  a
    22  person for the purpose of a commercial sex act).
    23    § 26. Subdivision (a) of section 483-bb of the social services law, as
    24  added  by  chapter 74 of the laws of 2007, is amended and a new subdivi-
    25  sion (d) is added to read as follows:
    26    (a) The office of temporary  and  disability  assistance  [may]  shall
    27  coordinate  with and assist law enforcement agencies and district attor-
    28  ney's offices to  access  appropriate  services  for  human  trafficking
    29  victims.
    30    (d)  Annually  the  provision  of  such services shall be reviewed and
    31  evaluated to ensure that victims of human trafficking are able to access
    32  and to utilize such services in an appropriate and helpful manner by the
    33  interagency task force on human  trafficking  created  in  section  four
    34  hundred  eighty-three-aa  of  this article. If the task force determines
    35  that the services prescribed  herein  are  not  appropriate,  not  being
    36  accessed  or utilized the task force shall determine protocols to ensure
    37  that such services are more accessible and are more readily available.
    38    § 27. Section 483-ee of the social services law, as amended by chapter
    39  413 of the laws of 2016, is amended to read as follows:
    40    § 483-ee. Establishment of interagency task force on  human  traffick-
    41  ing.  (a)  There is established an interagency task force on trafficking
    42  in persons, which shall consist of the following members or their desig-
    43  nees: (1) the commissioner of the division of criminal justice services;
    44  (2) the commissioner of the office of temporary and  disability  assist-
    45  ance; (3) the commissioner of health; (4) the commissioner of the office
    46  of mental health; (5) the commissioner of labor; (6) the commissioner of
    47  the  office of children and family services; (7) the commissioner of the
    48  office of [alcoholism and substance abuse services]  addiction  services
    49  and supports; (8) the director of the office of victim services; (9) the
    50  executive  director  of  the  office  for  the  prevention  of  domestic
    51  violence; and (10) the superintendent of the division of  state  police;
    52  and the following additional members, who shall be promptly appointed by
    53  the  governor, each for a term of two years, provided that such person's
    54  membership shall continue after such two year term until a successor  is
    55  appointed  and  provided,  further,  that a member may be reappointed if
    56  again recommended in the manner specified in this subdivision: (11)  two

        A. 7069                            15
 
     1  members,  who  shall be appointed on the recommendation of the temporary
     2  president of the senate; (12) two members, who shall be appointed on the
     3  recommendation of the speaker of the assembly;  (13)  two  members,  who
     4  shall be appointed on the recommendation of the not-for-profit organiza-
     5  tion  in New York state that receives the largest share of funds, appro-
     6  priated by and through the  state  budget,  for  providing  services  to
     7  victims of human trafficking, as shall be identified annually in writing
     8  by  the  director  of  the  budget;  and  (14)  one member, who shall be
     9  appointed on the recommendation of the president of the New  York  state
    10  bar  association; and others as may be necessary to carry out the duties
    11  and responsibilities under this section. An  effort  shall  be  made  to
    12  include  representatives  from the following groups of people: survivors
    13  of human trafficking, survivors of sexual exploitation, service  provid-
    14  ers  from  various  geographic  areas  of  the state, representatives of
    15  women's rights organizations, representatives of the lesbian gay bisexu-
    16  al transgender and queer populations and  representatives  from  various
    17  ethnic  demographics  across  New  York  state.  The  task force will be
    18  co-chaired by the commissioners of  the  division  of  criminal  justice
    19  services and the office of temporary and disability assistance, or their
    20  designees.  It  shall  meet  as  often as is necessary, but no less than
    21  three times per year, and under  circumstances  as  are  appropriate  to
    22  fulfilling  its duties under this section. All members shall be provided
    23  with written notice reasonably in advance of  each  meeting  with  date,
    24  time and location of such meeting.
    25    (b)  The task force shall: (1) collect and organize data on the nature
    26  and extent of crimes related to trafficking and sexual  exploitation  of
    27  persons  in  the  state; (2) identify available federal, state and local
    28  programs that provide services to victims of trafficking, including  but
    29  not  limited  to  case  management,  housing, health care, mental health
    30  counseling, drug addiction screening and treatment, language interpreta-
    31  tion and translation services, English language instruction, job  train-
    32  ing   and   placement   assistance,  post-employment  services  for  job
    33  retention, and services to assist the individual and any of his  or  her
    34  family  members  to establish a permanent residence in New York state or
    35  the United States; (3) consult with  governmental  and  non-governmental
    36  organizations  in  developing  recommendations  to  strengthen state and
    37  local efforts to prevent trafficking,  protect  and  assist  victims  of
    38  trafficking  and prosecute traffickers; (4) establish interagency proto-
    39  cols and collaboration between federal, state, and  local  law  enforce-
    40  ment,  state and governmental agencies, child welfare agencies, and non-
    41  governmental organizations; (5) evaluate approaches to  increase  public
    42  awareness about trafficking and make recommendations on such approaches;
    43  (6) evaluate the effectiveness of training programs on human trafficking
    44  that  have been designed for law enforcement personnel, criminal defense
    45  attorneys, social service providers and non-governmental  organizations,
    46  and  make recommendations for improving the quality and effectiveness of
    47  such programs, as well as ensure that said training is occurring  on  an
    48  annual  basis;  (7)  measure  and  evaluate the progress of the state in
    49  preventing trafficking, protecting and providing assistance  to  victims
    50  of  trafficking, and prosecuting persons engaged in trafficking; and (8)
    51  convene any subcommittee necessary, provided such  subcommittee  has  at
    52  least  one  of  the  members  appointed  by the speaker of the assembly,
    53  temporary president of the senate  or  governor,  to  consider  specific
    54  issues, including, but not limited to: federal, state and/or local coop-
    55  eration; juveniles and human trafficking; the importance of training and

        A. 7069                            16
 
     1  who  should  receive such training; how data is compiled and shared; and
     2  services for and treatment of domestic versus foreign born victims.
     3    (c)  The  task  force shall report to the governor, the speaker of the
     4  assembly, the minority leader of the assembly, the  temporary  president
     5  of the senate and the minority leader of the senate no less than annual-
     6  ly,  and it shall additionally issue such reports and recommendations as
     7  it deems necessary to carry out its duties and responsibilities.
     8    (d) The task force shall work with the state education  department  to
     9  create and implement additional sexual education for students in second-
    10  ary  school that includes information as it relates to prostitution, its
    11  inherent violence and impact on public and individual health.
    12    § 28. The state finance law is amended by adding a new section 97-bbbb
    13  to read as follows:
    14    § 97-bbbb. Victims of sexual exploitation fund.  1.  There  is  estab-
    15  lished in the joint custody of the state comptroller and the commission-
    16  er  of  the department of taxation and finance a fund to be known as the
    17  "victims of sexual exploitation fund".
    18    2. The victims of sexual exploitation fund  shall  consist  of  monies
    19  received by the state pursuant to section 80.20 of the penal law and all
    20  other  fees, fines, grants, bequests or other monies credited, appropri-
    21  ated or transferred thereto from any other fund or source.
    22    3. Monies of the victims of sexual exploitation fund, following appro-
    23  priation by the legislature and allocation by the director of the budget
    24  shall be made available for  grants  to  victims  and  local  assistance
    25  services  and  expenses  of  programs  to provide services to victims of
    26  sexual exploitation as determined by the office of victim  services  and
    27  the interagency task force on human trafficking.
    28    § 29. Subdivision a of section 3-118 of the administrative code of the
    29  city  of  New  York,  as amended by chapter 189 of the laws of 2018, the
    30  third undesignated paragraph as amended by chapter 23  of  the  laws  of
    31  2021, is amended to read as follows:
    32    a.  For  the  purposes  of  this section, the following terms have the
    33  following meanings:
    34    Homeless youth. The term "homeless youth" means persons under the  age
    35  of  [21] 24 who are in need of services and are without a place of shel-
    36  ter where supervision and care are available.
    37    Sexually exploited youth. The term "sexually  exploited  youth"  means
    38  persons under the age of 18 who have been subject to sexual exploitation
    39  because  they  (a)  are  the  victim  of the crime of sex trafficking as
    40  defined in section 230.34 of the penal law; (b) engage  in  any  act  as
    41  defined  in  former section 230.00 of the penal law; (c) are a victim of
    42  the crime of compelling prostitution as defined in section 230.33 of the
    43  penal law; (d) are a victim of the crime of sex trafficking of  a  child
    44  as  defined  in section 230.34-a of the penal law; or (e) engage in acts
    45  or conduct described in article two hundred  sixty-three  of  the  penal
    46  law.  The term shall also mean persons under the age of 18 who have been
    47  subject to incest in the third degree, second degree or first degree, as
    48  defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
    49  tively, or any of the sex offenses enumerated  in  article  one  hundred
    50  thirty of the penal law.
    51    § 30. Subdivision 4 of section 170.30 of the criminal procedure law is
    52  REPEALED.
    53    §  31.  Section  60.42  of  the  criminal procedure law, as amended by
    54  section 1 of part R of chapter 55 of the laws of  2019,  is  amended  to
    55  read as follows:

        A. 7069                            17
 
     1  § 60.42 Rules  of evidence; admissibility of evidence of victim's sexual
     2            conduct in sex offense cases.
     3    Evidence  of  a  victim's  sexual conduct shall not be admissible in a
     4  prosecution for an offense or an attempt to commit an offense defined in
     5  article one hundred thirty or in section 230.34 of the penal law  unless
     6  such evidence:
     7    1.  proves  or tends to prove specific instances of the victim's prior
     8  sexual conduct with the accused; or
     9    2. [proves or tends to prove that the victim has been convicted of  an
    10  offense  under  section 230.00 of the penal law within three years prior
    11  to the sex offense which is the subject of the prosecution; or
    12    3.] rebuts evidence introduced by the people of the  victim's  failure
    13  to  engage  in  sexual  intercourse,  oral  sexual  conduct, anal sexual
    14  conduct or sexual contact during a given period of time; or
    15    [4.] 3. rebuts evidence introduced by the people which proves or tends
    16  to prove that the accused is the cause of pregnancy or  disease  of  the
    17  victim, or the source of semen found in the victim; or
    18    [5.]  4.  is  determined  by  the court after an offer of proof by the
    19  accused outside the hearing of the jury, or such hearing  as  the  court
    20  may require, and a statement by the court of its findings of fact essen-
    21  tial  to  its determination, to be relevant and admissible in the inter-
    22  ests of justice.
    23    § 32. The opening paragraph of subdivision 1 of section 170.80 of  the
    24  criminal procedure law, as amended by chapter 23 of the laws of 2021, is
    25  amended to read as follows:
    26    Notwithstanding  any  other  provision of law, at any time at or after
    27  arraignment on a charge  of  prostitution  pursuant  to  former  section
    28  230.00  of the penal law, after consultation with counsel, a knowing and
    29  voluntary plea of guilty has been entered to such charge, any  judge  or
    30  justice  hearing any stage of such case may, upon consent of the defend-
    31  ant after consultation with counsel:
    32    § 33. Subdivision 2 of section 420.35 of the criminal  procedure  law,
    33  as  amended  by  chapter  23  of the laws of 2021, is amended to read as
    34  follows:
    35    2. Except as provided in this subdivision or subdivision two-a of this
    36  section, under no  circumstances  shall  the  mandatory  surcharge,  sex
    37  offender  registration fee, DNA databank fee or the crime victim assist-
    38  ance fee be waived. A court shall waive  any  mandatory  surcharge,  DNA
    39  databank  fee and crime victim assistance fee when: (i) the defendant is
    40  convicted of prostitution under former section 230.00 of the penal  law;
    41  (ii)  the  defendant  is  convicted  of  a  violation  in the event such
    42  conviction is in lieu of a plea to or conviction for prostitution  under
    43  former  section  230.00  of  the penal law; (iii) the court finds that a
    44  defendant is a victim of sex trafficking under  section  230.34  of  the
    45  penal  law  or  a victim of trafficking in persons under the trafficking
    46  victims protection act (United States Code, Title 22,  Chapter  78);  or
    47  (iv)  the  court finds that the defendant is a victim of sex trafficking
    48  of a child under section 230.34-a of the penal law.
    49    § 34. Subdivision 4 of section 720.15 of the criminal  procedure  law,
    50  as  amended  by  chapter  23  of the laws of 2021, is amended to read as
    51  follows:
    52    4. Notwithstanding any provision in this  article,  a  person  charged
    53  with  prostitution  as defined in former section 230.00 of the penal law
    54  regardless of whether such person (i) had prior to commencement of trial
    55  or entry of a plea of guilty been convicted of a crime or found a youth-
    56  ful offender, or (ii) subsequent to such conviction for prostitution  is

        A. 7069                            18
 
     1  convicted  of  a  crime  or found a youthful offender, the provisions of
     2  subdivisions one and two of this section requiring  or  authorizing  the
     3  accusatory  instrument  filed  against  a  youth  to  be sealed, and the
     4  arraignment and all proceedings in the action to be conducted in private
     5  shall apply.
     6    §  35.  Subdivision 1 of section 720.35 of the criminal procedure law,
     7  as amended by chapter 23 of the laws of 2021,  is  amended  to  read  as
     8  follows:
     9    1.  A  youthful  offender adjudication is not a judgment of conviction
    10  for a crime or any other offense, and does not operate  as  a  disquali-
    11  fication  of  any  person  so  adjudged  to hold public office or public
    12  employment or to receive any license granted  by  public  authority  but
    13  shall be deemed a conviction only for the purposes of transfer of super-
    14  vision  and  custody pursuant to section two hundred fifty-nine-m of the
    15  executive law. A defendant for whom a youthful offender adjudication was
    16  substituted, who was originally charged with prostitution as defined  in
    17  former  section  230.00  of  the  penal law, shall be deemed a "sexually
    18  exploited [child] individual" as defined in subdivision one  of  section
    19  four  hundred  forty-seven-a  of  the  social services law and therefore
    20  shall not be considered an adult for purposes related to the charges  in
    21  the youthful offender proceeding or a proceeding under section 170.80 of
    22  this chapter.
    23    §  36.  Paragraph  (d) of subdivision 4 of section 305.2 of the family
    24  court act, as added by section 3 of part G of chapter 58 of the laws  of
    25  2010, is amended to read as follows:
    26    (d)  take  the child who such officer has decided to take into custody
    27  in accordance with this section [or  section  305.1  of  this  part  for
    28  violating  the  provisions  of  section  230.00 of the penal law,] to an
    29  available short-term safe house as defined in subdivision two of section
    30  four hundred forty-seven-a of the social services law; or
    31    § 37. Section 344.4 of the family court act, as added by  chapter  761
    32  of the laws of 1987, subdivision 3 as amended by chapter 264 of the laws
    33  of 2003, is amended to read as follows:
    34    §  344.4.  Rules  of  evidence;  admissibility of evidence of victim's
    35  sexual conduct in sex offense  cases.  Evidence  of  a  victim's  sexual
    36  conduct shall not be admissible in a juvenile delinquency proceeding for
    37  a  crime  or an attempt to commit a crime defined in article one hundred
    38  thirty of the penal law unless such evidence:
    39    1. proves or tends to prove specific instances of the  victim's  prior
    40  sexual conduct with the accused; or
    41    2.  [proves or tends to prove that the victim has been convicted of an
    42  offense under section 230.00 of the penal law within three  years  prior
    43  to  the  sex  offense  which  is the subject of the juvenile delinquency
    44  proceeding; or
    45    3.] rebuts evidence  introduced  by  the  presentment  agency  of  the
    46  victim's  failure  to engage in sexual intercourse, oral sexual conduct,
    47  anal sexual conduct or sexual contact during a given period of time; or
    48    [4.] 3. rebuts evidence introduced by  the  presentment  agency  which
    49  proves  or  tends to prove that the accused is the cause of pregnancy or
    50  disease of the victim, or the source of semen found in the victim; or
    51    [5.] 4. is determined by the court after an  offer  of  proof  by  the
    52  accused,  or  such  hearing as the court may require, and a statement by
    53  the court of its findings of fact essential to its determination, to  be
    54  relevant and admissible in the interests of justice.

        A. 7069                            19
 
     1    §  38.  Subdivision  (a)  of  section  712 of the family court act, as
     2  amended by section 1 of part K of chapter 56 of the  laws  of  2019,  is
     3  amended to read as follows:
     4    (a) "Person in need of supervision". A person less than eighteen years
     5  of age: (i) who does not attend school in accordance with the provisions
     6  of  part  one  of  article  sixty-five of the education law; (ii) who is
     7  incorrigible, ungovernable or  habitually  disobedient  and  beyond  the
     8  lawful  control of a parent or other person legally responsible for such
     9  child's  care,  or  other  lawful  authority;  (iii)  who  violates  the
    10  provisions  of:  (1) section 221.05; or (2) former section 230.00 of the
    11  penal law; (iv) or who appears to be a sexually exploited [child]  indi-
    12  vidual  as  defined  in paragraph (a)[, (c)] or [(d)] (b) of subdivision
    13  one of section four hundred forty-seven-a of the  social  services  law,
    14  but  only  if  the child consents to the filing of a petition under this
    15  article.
    16    § 39. Subdivision 2 of section 353 of the multiple  dwelling  law,  as
    17  amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
    18  follows:
    19    2. If there be two or more convictions in such dwelling within a peri-
    20  od of six months, under [sections 230.00,] section 230.25[,]  or  230.40
    21  of the penal law.
    22    §  40.  Section 2324-a of the public health law, as amended by chapter
    23  189 of the laws of 2018, is amended to read as follows:
    24    § 2324-a. Presumptive evidence. For the purposes of this title, two or
    25  more convictions of any person or persons had, within a  period  of  one
    26  year,  for  any  of  the offenses described in section [230.00,] 230.05,
    27  230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25,  230.30,  230.32
    28  or  230.34-a  of  the penal law arising out of conduct engaged in at the
    29  same real property consisting of a dwelling as that term is  defined  in
    30  subdivision  four  of section four of the multiple dwelling law shall be
    31  presumptive evidence of conduct constituting use  of  the  premises  for
    32  purposes of prostitution.
    33    §  41.  Subdivision  3  of  section  231  of the real property law, as
    34  amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
    35  follows:
    36    3.  For  the  purposes of this section, two or more convictions of any
    37  person or persons had, within a period of  one  year,  for  any  of  the
    38  offenses  described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
    39  230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
    40  ing  out  of  conduct  engaged  in  at the same premises consisting of a
    41  dwelling as that term is defined in subdivision four of section four  of
    42  the  multiple dwelling law shall be presumptive evidence of unlawful use
    43  of such premises and of the owners knowledge of the same.
    44    § 42. Subdivision 2 of section 715 of the real  property  actions  and
    45  proceedings  law,  as  amended  by  chapter  368 of the laws of 2015, is
    46  amended to read as follows:
    47    2. For purposes of this section, two or more convictions of any person
    48  or persons had, within a period of one year, for  any  of  the  offenses
    49  described  in  section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
    50  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
    51  conduct engaged in at the same real property consisting of a dwelling as
    52  that term is defined in subdivision four of section four of the multiple
    53  dwelling law shall be presumptive evidence of conduct  constituting  use
    54  of the premises for purposes of prostitution.

        A. 7069                            20
 
     1    §  43. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
     2  and traffic law, as amended by chapter 368  of  the  laws  of  2015,  is
     3  amended to read as follows:
     4    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
     5  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
     6  of this section that result in disqualification for  a  period  of  five
     7  years  shall include a conviction under sections 100.10, 105.13, 115.05,
     8  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
     9  125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
    10  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
    11  220.16,  220.31,  220.34, 220.60, 220.65, 221.30, 221.50, 221.55, former
    12  section 230.00, sections 230.05, 230.06, 230.11, 230.12, 230.13, 230.19,
    13  230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivi-
    14  sion two of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,
    15  265.09,  265.10, 265.12, 265.35 of the penal law or an attempt to commit
    16  any of the aforesaid offenses under section 110.00 of the penal law,  or
    17  any  similar offenses committed under a former section of the penal law,
    18  or any offenses committed under a former section of the penal law  which
    19  would  constitute violations of the aforesaid sections of the penal law,
    20  or any offenses committed outside  this  state  which  would  constitute
    21  violations of the aforesaid sections of the penal law.
    22    §  44.  Severability.  If any provision or term of this act is for any
    23  reason declared unconstitutional or invalid or ineffective by any compe-
    24  tent jurisdiction, such decision shall not affect the  validity  of  the
    25  effectiveness of the remaining portions of this act or any part thereof.
    26    §  45.  This  act shall take effect on the sixtieth day after it shall
    27  have become a law; provided that the amendments to section 483-ee of the
    28  social services law made by section twenty-seven of this act  shall  not
    29  affect  the  repeal  of such section and shall be deemed repealed there-
    30  with.  Effective immediately the addition, amendment  and/or  repeal  of
    31  any  rule  or regulation necessary for the implementation of this act on
    32  its effective date are authorized to be made and completed on or  before
    33  such date.
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