Bill Text: NY S05988 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Engrossed - Dead) 2018-06-13 - SUBSTITUTED BY A6823C [S05988 Detail]
Download: New_York-2017-S05988-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5988--B Cal. No. 1065 2017-2018 Regular Sessions IN SENATE May 9, 2017 ___________ Introduced by Sens. LANZA, AVELLA, FUNKE, GALLIVAN, GOLDEN, HAMILTON, HELMING, JACOBS, KRUEGER, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recom- mitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote recon- sidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to establishing the crime of sex trafficking of a child and in relation to promoting prostitution; to amend the penal law, the correction law, the criminal procedure law, the social services law, the vehicle and traffic law, the admin- istrative code of the city of New York, the family court act, the mental hygiene law, the public health law, the executive law, and the general business law, in relation to making technical corrections concerning sex trafficking of a child and promoting prostitution 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 230.34-a 2 to read as follows: 3 § 230.34-a Sex trafficking of a child. 4 1. A person is guilty of sex trafficking of a child when he or she, 5 being twenty-one years old or more, intentionally advances or profits 6 from prostitution of another person and such person is a child less than 7 eighteen years old. Knowledge by the defendant of the age of such child 8 is not an element of this offense and it is not a defense to a prose- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09066-15-8S. 5988--B 2 1 cution therefor that the defendant did not know the age of the child or 2 believed such age to be eighteen or over. 3 2. For purposes of this section: 4 (a) A person "advances prostitution" when, acting other than as a 5 person in prostitution or as a patron thereof, and with intent to cause 6 prostitution, he or she directly engages in conduct that facilitates an 7 act or enterprise of prostitution. 8 (b) A person "profits from prostitution" when, acting other than as a 9 person in prostitution receiving compensation for personally rendered 10 prostitution services, and with intent to facilitate prostitution, he or 11 she accepts or receives money or other property pursuant to an agreement 12 or understanding with any person whereby he or she participates in the 13 proceeds of prostitution activity. 14 Sex trafficking of a child is a class B felony. 15 § 2. Section 230.01 of the penal law, as amended by chapter 368 of the 16 laws of 2015, is amended to read as follows: 17 § 230.01 Prostitution; affirmative defense. 18 In any prosecution under section 230.00, section 230.03, section 19 230.19, 230.20, subdivision 2 of section 230.25, subdivision 2 of 20 section 230.30, section 230.34-a or subdivision two of section 240.37 of 21 this part, it is an affirmative defense that the defendant's partic- 22 ipation in the offense was a result of having been a victim of compel- 23 ling prostitution under section 230.33, a victim of sex trafficking 24 under section 230.34 of this article, a victim of sex trafficking of a 25 child under section 230.34-a of this article or a victim of trafficking 26 in persons under the trafficking victims protection act (United States 27 Code, Title 22, Chapter 78). 28 § 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, 29 as amended by chapter 368 of the laws of 2015, is amended to read as 30 follows: 31 (a) Class B violent felony offenses: an attempt to commit the class 32 A-I felonies of murder in the second degree as defined in section 33 125.25, kidnapping in the first degree as defined in section 135.25, and 34 arson in the first degree as defined in section 150.20; manslaughter in 35 the first degree as defined in section 125.20, aggravated manslaughter 36 in the first degree as defined in section 125.22, rape in the first 37 degree as defined in section 130.35, criminal sexual act in the first 38 degree as defined in section 130.50, aggravated sexual abuse in the 39 first degree as defined in section 130.70, course of sexual conduct 40 against a child in the first degree as defined in section 130.75; 41 assault in the first degree as defined in section 120.10, kidnapping in 42 the second degree as defined in section 135.20, burglary in the first 43 degree as defined in section 140.30, arson in the second degree as 44 defined in section 150.15, robbery in the first degree as defined in 45 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 46 subdivision five of section 230.34, sex trafficking of a child as 47 defined in section 230.34-a, incest in the first degree as defined in 48 section 255.27, criminal possession of a weapon in the first degree as 49 defined in section 265.04, criminal use of a firearm in the first degree 50 as defined in section 265.09, criminal sale of a firearm in the first 51 degree as defined in section 265.13, aggravated assault upon a police 52 officer or a peace officer as defined in section 120.11, gang assault in 53 the first degree as defined in section 120.07, intimidating a victim or 54 witness in the first degree as defined in section 215.17, hindering 55 prosecution of terrorism in the first degree as defined in section 56 490.35, criminal possession of a chemical weapon or biological weapon inS. 5988--B 3 1 the second degree as defined in section 490.40, and criminal use of a 2 chemical weapon or biological weapon in the third degree as defined in 3 section 490.47. 4 § 4. Paragraph (a) of subdivision 1 of section 460.10 of the penal 5 law, as amended by chapter 368 of the laws of 2015, is amended to read 6 as follows: 7 (a) Any of the felonies set forth in this chapter: sections 120.05, 8 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 9 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 10 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 11 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to 12 labor trafficking; section 135.65 relating to coercion; sections 140.20, 13 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 14 145.12 relating to criminal mischief; article one hundred fifty relating 15 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 16 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 17 care fraud; article one hundred sixty relating to robbery; sections 18 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 19 stolen property; sections 165.72 and 165.73 relating to trademark coun- 20 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 21 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 22 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 23 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 24 to criminal diversion of prescription medications and prescriptions; 25 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 26 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 27 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25 28 relating to residential mortgage fraud, sections 190.40 and 190.42 29 relating to criminal usury; section 190.65 relating to schemes to 30 defraud; any felony defined in article four hundred ninety-six; sections 31 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 32 210.15, and 215.51 relating to perjury and contempt; section 215.40 33 relating to tampering with physical evidence; sections 220.06, 220.09, 34 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 35 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; 36 sections 225.10 and 225.20 relating to gambling; sections 230.25, 37 230.30, and 230.32 relating to promoting prostitution; section 230.34 38 relating to sex trafficking; section 230.34-a relating to sex traffick- 39 ing of a child; sections 235.06, 235.07, 235.21 and 235.22 relating to 40 obscenity; sections 263.10 and 263.15 relating to promoting a sexual 41 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 42 265.13 and the provisions of section 265.10 which constitute a felony 43 relating to firearms and other dangerous weapons; sections 265.14 and 44 265.16 relating to criminal sale of a firearm; section 275.10, 275.20, 45 275.30, or 275.40 relating to unauthorized recordings; and sections 46 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or 47 § 5. Subdivision 2 of section 130.91 of the penal law, as amended by 48 chapter 405 of the laws of 2010, is amended to read as follows: 49 2. A "specified offense" is a felony offense defined by any of the 50 following provisions of this chapter: assault in the second degree as 51 defined in section 120.05, assault in the first degree as defined in 52 section 120.10, gang assault in the second degree as defined in section 53 120.06, gang assault in the first degree as defined in section 120.07, 54 stalking in the first degree as defined in section 120.60, strangulation 55 in the second degree as defined in section 121.12, strangulation in the 56 first degree as defined in section 121.13, manslaughter in the secondS. 5988--B 4 1 degree as defined in subdivision one of section 125.15, manslaughter in 2 the first degree as defined in section 125.20, murder in the second 3 degree as defined in section 125.25, aggravated murder as defined in 4 section 125.26, murder in the first degree as defined in section 125.27, 5 kidnapping in the second degree as defined in section 135.20, kidnapping 6 in the first degree as defined in section 135.25, burglary in the third 7 degree as defined in section 140.20, burglary in the second degree as 8 defined in section 140.25, burglary in the first degree as defined in 9 section 140.30, arson in the second degree as defined in section 150.15, 10 arson in the first degree as defined in section 150.20, robbery in the 11 third degree as defined in section 160.05, robbery in the second degree 12 as defined in section 160.10, robbery in the first degree as defined in 13 section 160.15, promoting prostitution in the second degree as defined 14 in section 230.30, promoting prostitution in the first degree as defined 15 in section 230.32, compelling prostitution as defined in section 230.33, 16 sex trafficking of a child as defined in section 230.34-a, disseminating 17 indecent material to minors in the first degree as defined in section 18 235.22, use of a child in a sexual performance as defined in section 19 263.05, promoting an obscene sexual performance by a child as defined in 20 section 263.10, promoting a sexual performance by a child as defined in 21 section 263.15, or any felony attempt or conspiracy to commit any of the 22 foregoing offenses. 23 § 6. Subdivision 1 of section 120.70 of the penal law, as added by 24 chapter 405 of the laws of 2008, is amended to read as follows: 25 1. A person is guilty of luring a child when he or she lures a child 26 into a motor vehicle, aircraft, watercraft, isolated area, building, or 27 part thereof, for the purpose of committing against such child any of 28 the following offenses: an offense as defined in section 70.02 of this 29 chapter; an offense as defined in section 125.25 or 125.27 of this chap- 30 ter; a felony offense that is a violation of article one hundred thirty 31 of this chapter; an offense as defined in section 135.25 of this chap- 32 ter; an offense as defined in sections 230.30, 230.33 [or], 230.34 or 33 230.34-a of this chapter; an offense as defined in sections 255.25, 34 255.26, or 255.27 of this chapter; or an offense as defined in sections 35 263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi- 36 sion "child" means a person less than seventeen years of age. Nothing in 37 this section shall be deemed to preclude, if the evidence warrants, a 38 conviction for the commission or attempted commission of any crime, 39 including but not limited to a crime defined in article one hundred 40 thirty-five of this chapter. 41 § 7. Subparagraph (i) of paragraph (a) of subdivision 2 of section 42 168-a of the correction law, as amended by chapter 368 of the laws of 43 2015, is amended to read as follows: 44 (i) a conviction of or a conviction for an attempt to commit any of 45 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 46 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or 47 article two hundred sixty-three of the penal law, or section 135.05, 48 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 49 provided the victim of such kidnapping or related offense is less than 50 seventeen years old and the offender is not the parent of the victim, or 51 section 230.04, where the person patronized is in fact less than seven- 52 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 53 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 54 law, or section 230.25 of the penal law where the person prostituted is 55 in fact less than seventeen years old, orS. 5988--B 5 1 § 8. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 2 procedure law, as amended by chapter 368 of the laws of 2015, is amended 3 to read as follows: 4 (b) Any of the following felonies: assault in the second degree as 5 defined in section 120.05 of the penal law, assault in the first degree 6 as defined in section 120.10 of the penal law, reckless endangerment in 7 the first degree as defined in section 120.25 of the penal law, promot- 8 ing a suicide attempt as defined in section 120.30 of the penal law, 9 strangulation in the second degree as defined in section 121.12 of the 10 penal law, strangulation in the first degree as defined in section 11 121.13 of the penal law, criminally negligent homicide as defined in 12 section 125.10 of the penal law, manslaughter in the second degree as 13 defined in section 125.15 of the penal law, manslaughter in the first 14 degree as defined in section 125.20 of the penal law, murder in the 15 second degree as defined in section 125.25 of the penal law, murder in 16 the first degree as defined in section 125.27 of the penal law, abortion 17 in the second degree as defined in section 125.40 of the penal law, 18 abortion in the first degree as defined in section 125.45 of the penal 19 law, rape in the third degree as defined in section 130.25 of the penal 20 law, rape in the second degree as defined in section 130.30 of the penal 21 law, rape in the first degree as defined in section 130.35 of the penal 22 law, criminal sexual act in the third degree as defined in section 23 130.40 of the penal law, criminal sexual act in the second degree as 24 defined in section 130.45 of the penal law, criminal sexual act in the 25 first degree as defined in section 130.50 of the penal law, sexual abuse 26 in the first degree as defined in section 130.65 of the penal law, 27 unlawful imprisonment in the first degree as defined in section 135.10 28 of the penal law, kidnapping in the second degree as defined in section 29 135.20 of the penal law, kidnapping in the first degree as defined in 30 section 135.25 of the penal law, labor trafficking as defined in section 31 135.35 of the penal law, aggravated labor trafficking as defined in 32 section 135.37 of the penal law, custodial interference in the first 33 degree as defined in section 135.50 of the penal law, coercion in the 34 first degree as defined in section 135.65 of the penal law, criminal 35 trespass in the first degree as defined in section 140.17 of the penal 36 law, burglary in the third degree as defined in section 140.20 of the 37 penal law, burglary in the second degree as defined in section 140.25 of 38 the penal law, burglary in the first degree as defined in section 140.30 39 of the penal law, criminal mischief in the third degree as defined in 40 section 145.05 of the penal law, criminal mischief in the second degree 41 as defined in section 145.10 of the penal law, criminal mischief in the 42 first degree as defined in section 145.12 of the penal law, criminal 43 tampering in the first degree as defined in section 145.20 of the penal 44 law, arson in the fourth degree as defined in section 150.05 of the 45 penal law, arson in the third degree as defined in section 150.10 of the 46 penal law, arson in the second degree as defined in section 150.15 of 47 the penal law, arson in the first degree as defined in section 150.20 of 48 the penal law, grand larceny in the fourth degree as defined in section 49 155.30 of the penal law, grand larceny in the third degree as defined in 50 section 155.35 of the penal law, grand larceny in the second degree as 51 defined in section 155.40 of the penal law, grand larceny in the first 52 degree as defined in section 155.42 of the penal law, health care fraud 53 in the fourth degree as defined in section 177.10 of the penal law, 54 health care fraud in the third degree as defined in section 177.15 of 55 the penal law, health care fraud in the second degree as defined in 56 section 177.20 of the penal law, health care fraud in the first degreeS. 5988--B 6 1 as defined in section 177.25 of the penal law, robbery in the third 2 degree as defined in section 160.05 of the penal law, robbery in the 3 second degree as defined in section 160.10 of the penal law, robbery in 4 the first degree as defined in section 160.15 of the penal law, unlawful 5 use of secret scientific material as defined in section 165.07 of the 6 penal law, criminal possession of stolen property in the fourth degree 7 as defined in section 165.45 of the penal law, criminal possession of 8 stolen property in the third degree as defined in section 165.50 of the 9 penal law, criminal possession of stolen property in the second degree 10 as defined by section 165.52 of the penal law, criminal possession of 11 stolen property in the first degree as defined by section 165.54 of the 12 penal law, trademark counterfeiting in the second degree as defined in 13 section 165.72 of the penal law, trademark counterfeiting in the first 14 degree as defined in section 165.73 of the penal law, forgery in the 15 second degree as defined in section 170.10 of the penal law, forgery in 16 the first degree as defined in section 170.15 of the penal law, criminal 17 possession of a forged instrument in the second degree as defined in 18 section 170.25 of the penal law, criminal possession of a forged instru- 19 ment in the first degree as defined in section 170.30 of the penal law, 20 criminal possession of forgery devices as defined in section 170.40 of 21 the penal law, falsifying business records in the first degree as 22 defined in section 175.10 of the penal law, tampering with public 23 records in the first degree as defined in section 175.25 of the penal 24 law, offering a false instrument for filing in the first degree as 25 defined in section 175.35 of the penal law, issuing a false certificate 26 as defined in section 175.40 of the penal law, criminal diversion of 27 prescription medications and prescriptions in the second degree as 28 defined in section 178.20 of the penal law, criminal diversion of 29 prescription medications and prescriptions in the first degree as 30 defined in section 178.25 of the penal law, residential mortgage fraud 31 in the fourth degree as defined in section 187.10 of the penal law, 32 residential mortgage fraud in the third degree as defined in section 33 187.15 of the penal law, residential mortgage fraud in the second degree 34 as defined in section 187.20 of the penal law, residential mortgage 35 fraud in the first degree as defined in section 187.25 of the penal law, 36 escape in the second degree as defined in section 205.10 of the penal 37 law, escape in the first degree as defined in section 205.15 of the 38 penal law, absconding from temporary release in the first degree as 39 defined in section 205.17 of the penal law, promoting prison contraband 40 in the first degree as defined in section 205.25 of the penal law, 41 hindering prosecution in the second degree as defined in section 205.60 42 of the penal law, hindering prosecution in the first degree as defined 43 in section 205.65 of the penal law, sex trafficking as defined in 44 section 230.34 of the penal law, sex trafficking of a child as defined 45 in section 230.34-a of the penal law, criminal possession of a weapon in 46 the third degree as defined in subdivisions two, three and five of 47 section 265.02 of the penal law, criminal possession of a weapon in the 48 second degree as defined in section 265.03 of the penal law, criminal 49 possession of a weapon in the first degree as defined in section 265.04 50 of the penal law, manufacture, transport, disposition and defacement of 51 weapons and dangerous instruments and appliances defined as felonies in 52 subdivisions one, two, and three of section 265.10 of the penal law, 53 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 54 of weapons as defined in subdivision two of section 265.35 of the penal 55 law, relating to firearms and other dangerous weapons, or failure toS. 5988--B 7 1 disclose the origin of a recording in the first degree as defined in 2 section 275.40 of the penal law; 3 § 9. Paragraph (i) of subdivision 1 of section 440.10 of the criminal 4 procedure law, as amended by chapter 368 of the laws of 2015, is amended 5 to read as follows: 6 (i) The judgment is a conviction where the arresting charge was under 7 section 240.37 (loitering for the purpose of engaging in a prostitution 8 offense, provided that the defendant was not alleged to be loitering for 9 the purpose of patronizing a person for prostitution or promoting pros- 10 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school 11 zone) of the penal law, and the defendant's participation in the offense 12 was a result of having been a victim of sex trafficking under section 13 230.34 of the penal law, sex trafficking of a child under section 14 230.34-a of the penal law, labor trafficking under section 135.35 of the 15 penal law, aggravated labor trafficking under section 135.37 of the 16 penal law, compelling prostitution under section 230.33 of the penal 17 law, or trafficking in persons under the Trafficking Victims Protection 18 Act (United States Code, title 22, chapter 78); provided that 19 § 10. Subdivision 2 of section 420.35 of the criminal procedure law, 20 as amended by chapter 426 of the laws of 2015, is amended to read as 21 follows: 22 2. Under no circumstances shall the mandatory surcharge, sex offender 23 registration fee, DNA databank fee or the crime victim assistance fee be 24 waived provided, however, that a court may waive the crime victim 25 assistance fee if such defendant is an eligible youth as defined in 26 subdivision two of section 720.10 of this chapter, and the imposition of 27 such fee would work an unreasonable hardship on the defendant, his or 28 her immediate family, or any other person who is dependent on such 29 defendant for financial support. A court shall waive any mandatory 30 surcharge, DNA databank fee and crime victim assistance fee when: (i) 31 the defendant is convicted of loitering for the purpose of engaging in 32 prostitution under section 240.37 of the penal law (provided that the 33 defendant was not convicted of loitering for the purpose of patronizing 34 a person for prostitution); (ii) the defendant is convicted of prostitu- 35 tion under section 230.00 of the penal law; (iii) the defendant is 36 convicted of a violation in the event such conviction is in lieu of a 37 plea to or conviction for loitering for the purpose of engaging in pros- 38 titution under section 240.37 of the penal law (provided that the 39 defendant was not alleged to be loitering for the purpose of patronizing 40 a person for prostitution) or prostitution under section 230.00 of the 41 penal law; or (iv) the court finds that a defendant is a victim of sex 42 trafficking under section 230.34 of the penal law or a victim of traf- 43 ficking in persons under the trafficking victims protection act (United 44 States Code, Title 22, Chapter 78); or (v) the court finds that the 45 defendant is a victim of sex trafficking of a child under section 46 230.34-a of the penal law. 47 § 11. Subdivision 1 of section 447-a of the social services law, 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 1. The term "sexually exploited child" means any person under the age 51 of eighteen who has been subject to sexual exploitation because he or 52 she: 53 (a) is the victim of the crime of sex trafficking as defined in 54 section 230.34 of the penal law or the crime of sex trafficking of a 55 child as defined in section 230.34-a of the penal law; 56 (b) engages in any act as defined in section 230.00 of the penal law;S. 5988--B 8 1 (c) is a victim of the crime of compelling prostitution as defined in 2 section 230.33 of the penal law; 3 (d) engages in acts or conduct described in article two hundred 4 sixty-three or section 240.37 of the penal law. 5 § 12. Subdivision (c) of section 483-bb of the social services law, as 6 added by chapter 368 of the laws of 2015, is amended to read as follows: 7 (c) An individual who is a victim of the conduct prohibited by section 8 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law may bring a 9 civil action against the perpetrator or whoever knowingly advances or 10 profits from, or whoever should have known he or she was advancing or 11 profiting from, an act in violation of section 230.33, 230.34, 230.34-a, 12 135.35 or 135.37 of the penal law to recover damages and reasonable 13 attorney's fees. 14 § 13. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle 15 and traffic law, as amended by chapter 400 of the laws of 2011, is 16 amended to read as follows: 17 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 18 subdivision one and paragraph (a) of subdivision two of this section 19 that result in permanent disqualification shall include a conviction 20 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 21 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 22 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 23 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10, 263.11, 24 263.15, 263.16 of the penal law or an attempt to commit any of the afor- 25 esaid offenses under section 110.00 of the penal law, or any offenses 26 committed under a former section of the penal law which would constitute 27 violations of the aforesaid sections of the penal law, or any offenses 28 committed outside this state which would constitute violations of the 29 aforesaid sections of the penal law. 30 § 14. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic 31 law, as added by chapter 368 of the laws of 2015, are amended to read as 32 follows: 33 1. A class E driver's license shall be suspended by the commissioner 34 for a period of one year where the holder is convicted of a violation of 35 section 230.20, 230.25, 230.30, 230.32, 230.34, 230.34-a or 230.40 of 36 the penal law and the holder used a for hire motor vehicle to commit 37 such crime. 38 2. A class E driver's license may be revoked by the commissioner when 39 the holder, who had his or her driver's license suspended under subdivi- 40 sion one of this section within the last ten years, is convicted of a 41 second violation of section 230.20, 230.25, 230.30, 230.32, 230.34, 42 230.34-a or 230.40 of the penal law and the holder used a for hire motor 43 vehicle to commit such crime. 44 § 15. Subdivision a of section 3-118 of the administrative code of the 45 city of New York, as added by local law number 39 of the city of New 46 York for the year 2016, is amended to read as follows: 47 a. For the purposes of this section, the following terms have the 48 following meanings: 49 Homeless youth. The term "homeless youth" means persons under the age 50 of 21 who are in need of services and are without a place of shelter 51 where supervision and care are available. 52 Runaway youth. The term "runaway youth" means persons under the age of 53 18 years who are absent from their legal residence without the consent 54 of their parent, legal guardian or custodian. 55 Sexually exploited youth. The term "sexually exploited youth" means 56 persons under the age of 18 who have been subject to sexual exploitationS. 5988--B 9 1 because they (a) are the victim of the crime of sex trafficking as 2 defined in section 230.34 of the penal law; (b) engage in any act as 3 defined in section 230.00 of the penal law; (c) are a victim of the 4 crime of compelling prostitution as defined in section 230.33 of the 5 penal law; (d) are a victim of the crime of sex trafficking of a child 6 as defined in section 230.34-a of the penal law; or [(d)] (e) engage in 7 acts or conduct described in article 263 or section 240.37 of the penal 8 law. The term shall also mean persons under the age of 18 who have been 9 subject to incest in the third degree, second degree or first degree, as 10 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec- 11 tively, or any of the sex offenses enumerated in article 130 of the 12 penal law. 13 § 16. Subparagraph i of paragraph 7 of subdivision a of section 9-131 14 of the administrative code of the city of New York, as added by local 15 law number 58 of the city of New York for the year 2014, is amended to 16 read as follows: 17 i. a felony defined in any of the following sections of the penal law: 18 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 19 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 20 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 21 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 22 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 23 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 24 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 25 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 26 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 27 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 28 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 29 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 30 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 31 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 32 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 33 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 34 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 35 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 36 490.45, 490.47, 490.50, or 490.55; 37 § 17. Subparagraph i of paragraph 6 of subdivision a of section 14-154 38 of the administrative code of the city of New York, as added by local 39 law number 59 of the city of New York for the year 2014, is amended to 40 read as follows: 41 i. a felony defined in any of the following sections of the penal law: 42 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 43 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 44 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 45 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 46 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 47 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 48 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 49 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 50 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 51 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 52 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 53 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 54 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 55 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 56 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09,S. 5988--B 10 1 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 2 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22, 3 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 4 490.40, 490.45, 490.47, 490.50, or 490.55; 5 § 18. Paragraph (iii) of subdivision (e) of section 1012 of the family 6 court act, as amended by section 1 of part L of chapter 56 of the laws 7 of 2017, is amended to read as follows: 8 (iii) (A) commits, or allows to be committed an offense against such 9 child defined in article one hundred thirty of the penal law; (B) 10 allows, permits or encourages such child to engage in any act described 11 in sections 230.25, 230.30 [and], 230.32 and 230.34-a of the penal law; 12 (C) commits any of the acts described in sections 255.25, 255.26 and 13 255.27 of the penal law; (D) allows such child to engage in acts or 14 conduct described in article two hundred sixty-three of the penal law; 15 or (E) permits or encourages such child to engage in any act or commits 16 or allows to be committed against such child any offense that would 17 render such child either a victim of sex trafficking or a victim of 18 severe forms of trafficking in persons pursuant to 22 U.S.C. 7102 as 19 enacted by public law 106-386 or any successor federal statute; (F) 20 provided, however, that (1) the corroboration requirements contained in 21 the penal law and (2) the age requirement for the application of article 22 two hundred sixty-three of such law shall not apply to proceedings under 23 this article. 24 § 19. Subdivision (f) of section 10.03 of the mental hygiene law, as 25 amended by chapter 405 of the laws of 2010, is amended to read as 26 follows: 27 (f) "Designated felony" means any felony offense defined by any of the 28 following provisions of the penal law: assault in the second degree as 29 defined in section 120.05, assault in the first degree as defined in 30 section 120.10, gang assault in the second degree as defined in section 31 120.06, gang assault in the first degree as defined in section 120.07, 32 stalking in the first degree as defined in section 120.60, strangulation 33 in the second degree as defined in section 121.12, strangulation in the 34 first degree as defined in section 121.13, manslaughter in the second 35 degree as defined in subdivision one of section 125.15, manslaughter in 36 the first degree as defined in section 125.20, murder in the second 37 degree as defined in section 125.25, aggravated murder as defined in 38 section 125.26, murder in the first degree as defined in section 125.27, 39 kidnapping in the second degree as defined in section 135.20, kidnapping 40 in the first degree as defined in section 135.25, burglary in the third 41 degree as defined in section 140.20, burglary in the second degree as 42 defined in section 140.25, burglary in the first degree as defined in 43 section 140.30, arson in the second degree as defined in section 150.15, 44 arson in the first degree as defined in section 150.20, robbery in the 45 third degree as defined in section 160.05, robbery in the second degree 46 as defined in section 160.10, robbery in the first degree as defined in 47 section 160.15, promoting prostitution in the second degree as defined 48 in section 230.30, promoting prostitution in the first degree as defined 49 in section 230.32, compelling prostitution as defined in section 230.33, 50 sex trafficking of a child as defined in section 230.34-a, disseminating 51 indecent material to minors in the first degree as defined in section 52 235.22, use of a child in a sexual performance as defined in section 53 263.05, promoting an obscene sexual performance by a child as defined in 54 section 263.10, promoting a sexual performance by a child as defined in 55 section 263.15, or any felony attempt or conspiracy to commit any of the 56 foregoing offenses.S. 5988--B 11 1 § 20. Section 2324-a of the public health law, as amended by chapter 2 368 of the laws of 2015, is amended to read as follows: 3 § 2324-a. Presumptive evidence. For the purposes of this title, two or 4 more convictions of any person or persons had, within a period of one 5 year, for any of the offenses described in section 230.00, 230.05, 6 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30 [or], 7 230.32 or 230.34-a of the penal law arising out of conduct engaged in at 8 the same real property consisting of a dwelling as that term is defined 9 in subdivision four of section four of the multiple dwelling law shall 10 be presumptive evidence of conduct constituting use of the premises for 11 purposes of prostitution. 12 § 21. Subdivision 5 of section 621 of the executive law, as amended by 13 section 1 of part H of chapter 55 of the laws of 2017, is amended to 14 read as follows: 15 5. "Victim" shall mean (a) a person who suffers personal physical 16 injury as a direct result of a crime; (b) a person who is the victim of 17 either the crime of (1) unlawful imprisonment in the first degree as 18 defined in section 135.10 of the penal law, (2) kidnapping in the second 19 degree as defined in section 135.20 of the penal law, (3) kidnapping in 20 the first degree as defined in section 135.25 of the penal law, (4) 21 menacing in the first degree as defined in section 120.13 of the penal 22 law, (5) criminal obstruction of breathing or blood circulation as 23 defined in section 121.11 of the penal law, (6) harassment in the second 24 degree as defined in section 240.26 of the penal law, (7) harassment in 25 the first degree as defined in section 240.25 of the penal law, (8) 26 aggravated harassment in the second degree as defined in subdivision 27 three or five of section 240.30 of the penal law, (9) aggravated harass- 28 ment in the first degree as defined in subdivision two of section 240.31 29 of the penal law, (10) criminal contempt in the first degree as defined 30 in subdivision (b) or subdivision (c) of section 215.51 of the penal 31 law, (11) stalking in the fourth, third, second or first degree as 32 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 33 (12) labor trafficking as defined in section 135.35 of the penal law, 34 [or] (13) sex trafficking as defined in section 230.34 of the penal law; 35 or (14) sex trafficking of a child as defined in section 230.34-a of the 36 penal law; a vulnerable elderly person or an incompetent or physically 37 disabled person as defined in section 260.31 of the penal law who incurs 38 a loss of savings as defined in subdivision twenty-four of this section; 39 or a person who has had a frivolous lawsuit filed against them. 40 § 22. Subdivision 1 of section 631 of the executive law, as amended by 41 section 22 of part A-1 of chapter 56 of the laws of 2010, is amended to 42 read as follows: 43 1. No award shall be made unless the office finds that (a) a crime was 44 committed, (b) such crime directly resulted in personal physical injury 45 to or the exacerbation of a preexisting disability, or condition, or 46 death of, the victim, and (c) criminal justice agency records show that 47 such crime was promptly reported to the proper authorities; and in no 48 case may an award be made where the criminal justice agency records show 49 that such report was made more than one week after the occurrence of 50 such crime unless the office, for good cause shown, finds the delay to 51 have been justified; provided, however, in cases involving an alleged 52 sex offense as contained in article one hundred thirty of the penal law 53 or incest as defined in section 255.25, 255.26 or 255.27 of the penal 54 law or labor trafficking as defined in section 135.35 of the penal law 55 or sex trafficking as defined in [section] sections 230.34 and 230.34-a 56 of the penal law or an offense chargeable as a family offense asS. 5988--B 12 1 described in section eight hundred twelve of the family court act or 2 section 530.11 of the criminal procedure law, the criminal justice agen- 3 cy report need only be made within a reasonable time considering all the 4 circumstances, including the victim's physical, emotional and mental 5 condition and family situation. For the purposes of this subdivision, 6 "criminal justice agency" shall include, but not be limited to, a police 7 department, a district attorney's office, and any other governmental 8 agency having responsibility for the enforcement of the criminal laws of 9 the state provided, however, that in cases involving such sex offense a 10 criminal justice agency shall also mean a family court, a governmental 11 agency responsible for child and/or adult protective services pursuant 12 to title six of article six of the social services law and/or title one 13 of article nine-B of the social services law, and any medical facility 14 established under the laws of the state that provides a forensic phys- 15 ical examination for victims of rape and sexual assault. 16 § 23. Paragraph f of subdivision 1 of section 410 of the general busi- 17 ness law, as amended by chapter 80 of the laws of 2015, is amended to 18 read as follows: 19 f. Conviction of any of the following crimes subsequent to the issu- 20 ance of a license or registration pursuant to this article: fraud pursu- 21 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 22 190.65; falsifying business records pursuant to section 175.10; grand 23 larceny pursuant to article 155; bribery pursuant to sections 180.03, 24 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 25 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40; 26 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery 27 pursuant to article 160; homicide pursuant to sections 125.25 and 28 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping 29 and unlawful imprisonment pursuant to sections 135.10, 135.20 and 30 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03 31 and 265.04; criminal use of a weapon pursuant to sections 265.08 and 32 265.09; criminal sale of a weapon pursuant to sections 265.11 and 33 265.12; compelling prostitution pursuant to section 230.33; sex traf- 34 ficking pursuant to section 230.34; sex trafficking of a child pursuant 35 to section 230.34-a; and sex offenses pursuant to article 130 of the 36 penal law. Provided, however, that for the purposes of this article, 37 none of the following shall be considered criminal convictions or 38 reported as such: (i) a conviction for which an executive pardon has 39 been issued pursuant to the executive law; (ii) a conviction which has 40 been vacated and replaced by a youthful offender finding pursuant to 41 article seven hundred twenty of the criminal procedure law, or the 42 applicable provisions of law of any other jurisdiction; or (iii) a 43 conviction the records of which have been expunged or sealed pursuant to 44 the applicable provisions of the laws of this state or of any other 45 jurisdiction; and (iv) a conviction for which other evidence of success- 46 ful rehabilitation to remove the disability has been issued. 47 § 24. This act shall take effect on the ninetieth day after it shall 48 have become a law.