Bill Text: NY A06409 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to creating an affirmative defense to the charge of prostitution, being the victim of human trafficking; increases the minimum sentence of imprisonment for those convicted of sex trafficking; establishes the crime of human trafficking.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2014-05-28 - held for consideration in codes [A06409 Detail]
Download: New_York-2013-A06409-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6409
2013-2014 Regular Sessions
I N A S S E M B L Y
March 26, 2013
___________
Introduced by M. of A. KATZ -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to creating an affirmative
defense to the charge of prostitution, being the victim of human traf-
ficking, and increasing the minimum sentence of imprisonment for those
convicted of sex trafficking
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding a new section 230.41 to
2 read as follows:
3 S 230.41 AFFIRMATIVE DEFENSE VICTIM OF HUMAN TRAFFICKING.
4 ANY INDIVIDUAL CHARGED WITH THE CRIME OF PROSTITUTION PURSUANT TO THIS
5 ARTICLE MAY ASSERT THE AFFIRMATIVE DEFENSE THAT THEIR PARTICIPATION WAS
6 INVOLUNTARY AND SOLELY THE RESULT OF BEING THE VICTIM OF SEX TRAFFICK-
7 ING. PROVIDED, HOWEVER THAT THIS DEFENSE SHALL NOT BE AVAILABLE TO ANY
8 INDIVIDUAL CHARGED WITH PATRONIZING A PROSTITUTE.
9 S 2. The closing paragraph of section 230.34 of the penal law, as
10 added by chapter 74 of the laws of 2007, is amended to read as follows:
11 Sex trafficking is a class B felony PUNISHABLE BY A MINIMUM SENTENCE
12 OF TWENTY-FIVE YEARS IMPRISONMENT.
13 S 3. Subdivision 2 of section 70.00 of the penal law, as amended by
14 chapter 738 of the laws of 2004, is amended to read as follows:
15 2. Maximum term of sentence. The maximum term of an indeterminate
16 sentence shall be at least three years and the term shall be fixed as
17 follows:
18 (a) For a class A felony, the term shall be life imprisonment;
19 (b) For a class B felony, the term shall be fixed by the court, and
20 shall not exceed twenty-five years;
21 (B-1) FOR THE CLASS B FELONY OF SEX TRAFFICKING OR HUMAN TRAFFICKING,
22 THE TERM SHALL BE FIXED BY THE COURT AND SHALL NOT BE LESS THAN TWENTY-
23 FIVE YEARS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09416-01-3
A. 6409 2
1 (c) For a class C felony, the term shall be fixed by the court, and
2 shall not exceed fifteen years;
3 (d) For a class D felony, the term shall be fixed by the court, and
4 shall not exceed seven years; and
5 (e) For a class E felony, the term shall be fixed by the court, and
6 shall not exceed four years.
7 S 4. The penal law is amended by adding a new section 135.37 to read
8 as follows:
9 S 135.37 HUMAN TRAFFICKING.
10 A PERSON IS GUILTY OF HUMAN TRAFFICKING IF HE OR SHE KNOWINGLY AND
11 WILLFULLY HOLDS TO INVOLUNTARY SERVITUDE OR SELLS INTO ANY CONDITION OF
12 INVOLUNTARY SERVITUDE, ANY OTHER PERSON FOR ANY TERM, OR BRINGS WITHIN
13 THE STATE OF NEW YORK ANY PERSON SO HELD.
14 HUMAN TRAFFICKING IS A CLASS B FELONY PUNISHABLE BY A MINIMUM SENTENCE
15 OF TWENTY-FIVE YEARS IMPRISONMENT.
16 S 5. This act shall take effect on the ninetieth day after it shall
17 have become a law.
