Bill Text: NY A04213 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to sexually exploited children.

Spectrum: Strong Partisan Bill (Democrat 22-2)

Status: (Introduced - Dead) 2015-05-07 - enacting clause stricken [A04213 Detail]

Download: New_York-2015-A04213-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4213
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by  M.  of A. SCARBOROUGH, SCHIMEL, DINOWITZ, GLICK, PAULIN,
         COOK, O'DONNELL, GOTTFRIED, ROSENTHAL, JAFFEE, ORTIZ,  LENTOL,  CLARK,
         ROBINSON, GUNTHER, TITONE, TITUS, MAGEE -- Multi-Sponsored by -- M. of
         A.  AUBRY,  CAMARA,  GIGLIO,  LUPARDO, PEOPLES-STOKES -- read once and
         referred to the Committee on Children and Families
       AN ACT to amend the family court act, in relation to sexually  exploited
         children
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (d) and (e) of subdivision 4 of section 305.2 of
    2  the family court act, as added by section 3 of part G of chapter  58  of
    3  the laws of 2010, are amended to read as follows:
    4    (d)  take  the child who such officer has decided to take into custody
    5  in accordance with this section  or  section  305.1  of  this  part  for
    6  violating  the  provisions of section 230.00 OR 240.37 of the penal law,
    7  to an available short-term safe house as defined in subdivision  two  of
    8  section four hundred forty-seven-a of the social services law; or
    9    (e)  take [the] A child[, if it] WHO appears [that such] TO BE A SEXU-
   10  ALLY EXPLOITED child [is a sexually exploited child] as defined in para-
   11  graph (a), (c) or (d) of subdivision one of section four hundred  forty-
   12  seven-a  of  the  social services law[,] to an available short-term safe
   13  house AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR  HUNDRED  FORTY-SEV-
   14  EN-A  OF  THE  SOCIAL SERVICES LAW, but only if the child consents to be
   15  taken.
   16    S 2. Subdivision 3 of section  311.4  of  the  family  court  act,  as
   17  amended  by  section  4  of part G of chapter 58 of the laws of 2010, is
   18  amended to read as follows:
   19    3. In any proceeding under this article based upon an  arrest  for  an
   20  act  of  prostitution OR WHERE IT APPEARS THAT THE RESPONDENT ENGAGED IN
   21  LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION  OFFENSE,  there
   22  is a presumption that the respondent meets the criteria as a victim of a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08093-01-5
       A. 4213                             2
    1  severe form of trafficking as defined in section 7105 of title 22 of the
    2  United  States  Code  (Trafficking Victims Protection Act of 2000). Upon
    3  the motion of the respondent, without the  consent  of  the  presentment
    4  agency,  a  petition  alleging  that the respondent is in need of super-
    5  vision shall be substituted for the delinquency petition.  If,  however,
    6  the  respondent  WAS NOT INTIMIDATED, FORCED, THREATENED OR COERCED INTO
    7  ENGAGING IN PROSTITUTION OR LOITERING FOR THE PURPOSES OF ENGAGING IN  A
    8  PROSTITUTION  OFFENSE,  OR has been previously adjudicated as a juvenile
    9  delinquent under this article for an act which would be a crime pursuant
   10  to article two hundred thirty of the penal law, if the respondent was an
   11  adult, OR HAS BEEN PREVIOUSLY ADJUDICATED UNDER  SECTION  SEVEN  HUNDRED
   12  FIFTY-TWO OF THIS CHAPTER AND PLACED WITH A LOCAL COMMISSIONER OF SOCIAL
   13  SERVICES  PURSUANT TO SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX
   14  OF THIS CHAPTER, or expresses a current unwillingness to cooperate  with
   15  specialized  services  for sexually exploited youth, continuing with the
   16  delinquency proceeding shall  be  within  the  court's  discretion.  The
   17  necessary findings of fact to support the continuation of the delinquen-
   18  cy  proceeding  shall  be  reduced to writing and made part of the court
   19  record. If, subsequent to issuance of a substitution  order  under  this
   20  subdivision  and  prior to the conclusion of the fact finding hearing on
   21  the petition alleging that the respondent is a person in need of  super-
   22  vision,  the  respondent  is not in substantial compliance with a lawful
   23  order of the court, the court may, in  its  discretion,  substitute  the
   24  original  petition alleging that the respondent is a juvenile delinquent
   25  for the petition alleging that the respondent is in need of supervision.
   26    S 3. This act shall take effect on the thirtieth day  after  it  shall
   27  have become a law.