Bill Text: NY S05988 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5988 2017-2018 Regular Sessions IN SENATE May 9, 2017 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 civil rights law, the family court act, the mental hygiene law, the real property actions and proceedings law, the public health law, the executive law, the general business law and the real property law, in relation to making technical corrections concerning sex trafficking of a child and promoting prostitution; and to repeal certain provisions of the penal law relating thereto 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 intentionally advances or profits from prostitution of another person 6 and such other person is a child less than eighteen years old. Knowledge 7 by the defendant of the age of such child is not an element of this 8 offense and it is not a defense to a prosecution therefor that the 9 defendant did not know the age of the child or believed such age to be 10 the same as or greater than that specified in this section. 11 2. In any prosecution under this section in which the defendant is 12 less than nineteen years old, it is an affirmative defense that the 13 defendant's participation in the offense was a result of having been a 14 victim of sex trafficking under section 230.34 of this article or a 15 victim of trafficking in persons under the trafficking victims EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09066-06-7S. 5988 2 1 protection act (United States Code, Title 22, Chapter 78) at the time of 2 the instant offense. 3 Sex trafficking of a child is a class B felony. 4 § 2. Section 230.30 of the penal law, as amended by chapter 368 of the 5 laws of 2015, is amended to read as follows: 6 § 230.30 Promoting prostitution in the second degree. 7 A person is guilty of promoting prostitution in the second degree when 8 he or she knowingly[:91. Advances] advances prostitution by compelling a person by force or 10 intimidation to engage in prostitution, or profits from such coercive 11 conduct by another[; or122. Advances or profits from prostitution of a person less than eigh-13teen years old]. 14 Promoting prostitution in the second degree is a class C felony. 15 § 3. Sections 230.32 and 230.33 of the penal law are REPEALED. 16 § 4. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, 17 as amended by chapter 368 of the laws of 2015, is amended to read as 18 follows: 19 (a) Class B violent felony offenses: an attempt to commit the class 20 A-I felonies of murder in the second degree as defined in section 21 125.25, kidnapping in the first degree as defined in section 135.25, and 22 arson in the first degree as defined in section 150.20; manslaughter in 23 the first degree as defined in section 125.20, aggravated manslaughter 24 in the first degree as defined in section 125.22, rape in the first 25 degree as defined in section 130.35, criminal sexual act in the first 26 degree as defined in section 130.50, aggravated sexual abuse in the 27 first degree as defined in section 130.70, course of sexual conduct 28 against a child in the first degree as defined in section 130.75; 29 assault in the first degree as defined in section 120.10, kidnapping in 30 the second degree as defined in section 135.20, burglary in the first 31 degree as defined in section 140.30, arson in the second degree as 32 defined in section 150.15, robbery in the first degree as defined in 33 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 34 subdivision five of section 230.34, sex trafficking of a child as 35 defined in section 230.34-a, incest in the first degree as defined in 36 section 255.27, criminal possession of a weapon in the first degree as 37 defined in section 265.04, criminal use of a firearm in the first degree 38 as defined in section 265.09, criminal sale of a firearm in the first 39 degree as defined in section 265.13, aggravated assault upon a police 40 officer or a peace officer as defined in section 120.11, gang assault in 41 the first degree as defined in section 120.07, intimidating a victim or 42 witness in the first degree as defined in section 215.17, hindering 43 prosecution of terrorism in the first degree as defined in section 44 490.35, criminal possession of a chemical weapon or biological weapon in 45 the second degree as defined in section 490.40, and criminal use of a 46 chemical weapon or biological weapon in the third degree as defined in 47 section 490.47. 48 § 5. Paragraph (a) of subdivision 1 of section 460.10 of the penal 49 law, as amended by chapter 368 of the laws of 2015, is amended to read 50 as follows: 51 (a) Any of the felonies set forth in this chapter: sections 120.05, 52 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 53 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 54 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 55 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to 56 labor trafficking; section 135.65 relating to coercion; sections 140.20,S. 5988 3 1 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 2 145.12 relating to criminal mischief; article one hundred fifty relating 3 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 4 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 5 care fraud; article one hundred sixty relating to robbery; sections 6 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 7 stolen property; sections 165.72 and 165.73 relating to trademark coun- 8 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 9 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 10 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 11 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 12 to criminal diversion of prescription medications and prescriptions; 13 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 14 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 15 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25 16 relating to residential mortgage fraud, sections 190.40 and 190.42 17 relating to criminal usury; section 190.65 relating to schemes to 18 defraud; any felony defined in article four hundred ninety-six; sections 19 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 20 210.15, and 215.51 relating to perjury and contempt; section 215.40 21 relating to tampering with physical evidence; sections 220.06, 220.09, 22 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 23 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; 24 sections 225.10 and 225.20 relating to gambling; sections 230.25[,] and 25 230.30[, and 230.32] relating to promoting prostitution; section 230.34 26 relating to sex trafficking; section 230.34-a relating to sex traffick- 27 ing of a child; sections 235.06, 235.07, 235.21 and 235.22 relating to 28 obscenity; sections 263.10 and 263.15 relating to promoting a sexual 29 performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 30 265.13 and the provisions of section 265.10 which constitute a felony 31 relating to firearms and other dangerous weapons; sections 265.14 and 32 265.16 relating to criminal sale of a firearm; section 275.10, 275.20, 33 275.30, or 275.40 relating to unauthorized recordings; and sections 34 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or 35 § 6. Subdivision 4 of section 60.05 of the penal law, as amended by 36 chapter 738 of the laws of 2004, is amended to read as follows: 37 4. Certain class C felonies. Except as provided in subdivision six, 38 every person convicted of a class C violent felony offense as defined in 39 subdivision one of section 70.02 of this title, must be sentenced to 40 imprisonment in accordance with section 70.02 of this title; and, except 41 as provided in subdivision six of this section, every person convicted 42 of the class C felonies of: attempt to commit any of the class B felo- 43 nies of bribery in the first degree as defined in section 200.04, bribe 44 receiving in the first degree as defined in section 200.12, conspiracy 45 in the second degree as defined in section 105.15 and criminal mischief 46 in the first degree as defined in section 145.12; criminal usury in the 47 first degree as defined in section 190.42, rewarding official misconduct 48 in the first degree as defined in section 200.22, receiving reward for 49 official misconduct in the first degree as defined in section 200.27, 50 [attempt to promote prostitution in the first degree as defined in51section 230.32,] promoting prostitution in the second degree as defined 52 in section 230.30, arson in the third degree as defined in section 53 150.10 of this chapter, must be sentenced to imprisonment in accordance 54 with section 70.00 of this title. 55 § 7. Subdivision 2 of section 130.91 of the penal law, as amended by 56 chapter 405 of the laws of 2010, is amended to read as follows:S. 5988 4 1 2. A "specified offense" is a felony offense defined by any of the 2 following provisions of this chapter: assault in the second degree as 3 defined in section 120.05, assault in the first degree as defined in 4 section 120.10, gang assault in the second degree as defined in section 5 120.06, gang assault in the first degree as defined in section 120.07, 6 stalking in the first degree as defined in section 120.60, strangulation 7 in the second degree as defined in section 121.12, strangulation in the 8 first degree as defined in section 121.13, manslaughter in the second 9 degree as defined in subdivision one of section 125.15, manslaughter in 10 the first degree as defined in section 125.20, murder in the second 11 degree as defined in section 125.25, aggravated murder as defined in 12 section 125.26, murder in the first degree as defined in section 125.27, 13 kidnapping in the second degree as defined in section 135.20, kidnapping 14 in the first degree as defined in section 135.25, burglary in the third 15 degree as defined in section 140.20, burglary in the second degree as 16 defined in section 140.25, burglary in the first degree as defined in 17 section 140.30, arson in the second degree as defined in section 150.15, 18 arson in the first degree as defined in section 150.20, robbery in the 19 third degree as defined in section 160.05, robbery in the second degree 20 as defined in section 160.10, robbery in the first degree as defined in 21 section 160.15, promoting prostitution in the second degree as defined 22 in section 230.30, [promoting prostitution in the first degree as23defined in section 230.32, compelling prostitution as defined in section24230.33,] sex trafficking of a child as defined in section 230.34-a, 25 disseminating indecent material to minors in the first degree as defined 26 in section 235.22, use of a child in a sexual performance as defined in 27 section 263.05, promoting an obscene sexual performance by a child as 28 defined in section 263.10, promoting a sexual performance by a child as 29 defined in section 263.15, or any felony attempt or conspiracy to commit 30 any of the foregoing offenses. 31 § 8. Subdivision 1 of section 120.70 of the penal law, as added by 32 chapter 405 of the laws of 2008, is amended to read as follows: 33 1. A person is guilty of luring a child when he or she lures a child 34 into a motor vehicle, aircraft, watercraft, isolated area, building, or 35 part thereof, for the purpose of committing against such child any of 36 the following offenses: an offense as defined in section 70.02 of this 37 chapter; an offense as defined in section 125.25 or 125.27 of this chap- 38 ter; a felony offense that is a violation of article one hundred thirty 39 of this chapter; an offense as defined in section 135.25 of this chap- 40 ter; an offense as defined in sections 230.30, [230.33 or] 230.34 or 41 230.34-a of this chapter; an offense as defined in sections 255.25, 42 255.26, or 255.27 of this chapter; or an offense as defined in sections 43 263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivi- 44 sion "child" means a person less than seventeen years of age. Nothing in 45 this section shall be deemed to preclude, if the evidence warrants, a 46 conviction for the commission or attempted commission of any crime, 47 including but not limited to a crime defined in article one hundred 48 thirty-five of this chapter. 49 § 9. Section 230.01 of the penal law, as added by chapter 368 of the 50 laws of 2015, is amended to read as follows: 51 § 230.01 Prostitution; affirmative defense. 52 In any prosecution under section 230.00, section 230.03 or subdivision 53 two of section 240.37 of this part, it is an affirmative defense that 54 the defendant's participation in the offense was a result of having been 55 [a victim of compelling prostitution under section 230.33,] a victim of 56 sex trafficking under section 230.34 of this article, a victim of sexS. 5988 5 1 trafficking of a child under section 230.34-a of this article or a 2 victim of trafficking in persons under the trafficking victims 3 protection act (United States Code, Title 22, Chapter 78). 4 § 10. Subparagraph (i) of paragraph (a) of subdivision 2 of section 5 168-a of the correction law, as amended by chapter 368 of the laws of 6 2015, is amended to read as follows: 7 (i) a conviction of or a conviction for an attempt to commit any of 8 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 9 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or 10 article two hundred sixty-three of the penal law, or section 135.05, 11 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 12 provided the victim of such kidnapping or related offense is less than 13 seventeen years old and the offender is not the parent of the victim, or 14 section 230.04, where the person patronized is in fact less than seven- 15 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 16 two of section 230.30, section [230.32, 230.33, or] 230.34 of the penal 17 law, or section 230.25 of the penal law where the person prostituted is 18 in fact less than seventeen years old, or 19 § 11. Paragraphs (b) and (h) of subdivision 8 of section 700.05 of the 20 criminal procedure law, as amended by chapter 368 of the laws of 2015, 21 are amended to read as follows: 22 (b) Any of the following felonies: assault in the second degree as 23 defined in section 120.05 of the penal law, assault in the first degree 24 as defined in section 120.10 of the penal law, reckless endangerment in 25 the first degree as defined in section 120.25 of the penal law, promot- 26 ing a suicide attempt as defined in section 120.30 of the penal law, 27 strangulation in the second degree as defined in section 121.12 of the 28 penal law, strangulation in the first degree as defined in section 29 121.13 of the penal law, criminally negligent homicide as defined in 30 section 125.10 of the penal law, manslaughter in the second degree as 31 defined in section 125.15 of the penal law, manslaughter in the first 32 degree as defined in section 125.20 of the penal law, murder in the 33 second degree as defined in section 125.25 of the penal law, murder in 34 the first degree as defined in section 125.27 of the penal law, abortion 35 in the second degree as defined in section 125.40 of the penal law, 36 abortion in the first degree as defined in section 125.45 of the penal 37 law, rape in the third degree as defined in section 130.25 of the penal 38 law, rape in the second degree as defined in section 130.30 of the penal 39 law, rape in the first degree as defined in section 130.35 of the penal 40 law, criminal sexual act in the third degree as defined in section 41 130.40 of the penal law, criminal sexual act in the second degree as 42 defined in section 130.45 of the penal law, criminal sexual act in the 43 first degree as defined in section 130.50 of the penal law, sexual abuse 44 in the first degree as defined in section 130.65 of the penal law, 45 unlawful imprisonment in the first degree as defined in section 135.10 46 of the penal law, kidnapping in the second degree as defined in section 47 135.20 of the penal law, kidnapping in the first degree as defined in 48 section 135.25 of the penal law, labor trafficking as defined in section 49 135.35 of the penal law, aggravated labor trafficking as defined in 50 section 135.37 of the penal law, custodial interference in the first 51 degree as defined in section 135.50 of the penal law, coercion in the 52 first degree as defined in section 135.65 of the penal law, criminal 53 trespass in the first degree as defined in section 140.17 of the penal 54 law, burglary in the third degree as defined in section 140.20 of the 55 penal law, burglary in the second degree as defined in section 140.25 of 56 the penal law, burglary in the first degree as defined in section 140.30S. 5988 6 1 of the penal law, criminal mischief in the third degree as defined in 2 section 145.05 of the penal law, criminal mischief in the second degree 3 as defined in section 145.10 of the penal law, criminal mischief in the 4 first degree as defined in section 145.12 of the penal law, criminal 5 tampering in the first degree as defined in section 145.20 of the penal 6 law, arson in the fourth degree as defined in section 150.05 of the 7 penal law, arson in the third degree as defined in section 150.10 of the 8 penal law, arson in the second degree as defined in section 150.15 of 9 the penal law, arson in the first degree as defined in section 150.20 of 10 the penal law, grand larceny in the fourth degree as defined in section 11 155.30 of the penal law, grand larceny in the third degree as defined in 12 section 155.35 of the penal law, grand larceny in the second degree as 13 defined in section 155.40 of the penal law, grand larceny in the first 14 degree as defined in section 155.42 of the penal law, health care fraud 15 in the fourth degree as defined in section 177.10 of the penal law, 16 health care fraud in the third degree as defined in section 177.15 of 17 the penal law, health care fraud in the second degree as defined in 18 section 177.20 of the penal law, health care fraud in the first degree 19 as defined in section 177.25 of the penal law, robbery in the third 20 degree as defined in section 160.05 of the penal law, robbery in the 21 second degree as defined in section 160.10 of the penal law, robbery in 22 the first degree as defined in section 160.15 of the penal law, unlawful 23 use of secret scientific material as defined in section 165.07 of the 24 penal law, criminal possession of stolen property in the fourth degree 25 as defined in section 165.45 of the penal law, criminal possession of 26 stolen property in the third degree as defined in section 165.50 of the 27 penal law, criminal possession of stolen property in the second degree 28 as defined by section 165.52 of the penal law, criminal possession of 29 stolen property in the first degree as defined by section 165.54 of the 30 penal law, trademark counterfeiting in the second degree as defined in 31 section 165.72 of the penal law, trademark counterfeiting in the first 32 degree as defined in section 165.73 of the penal law, forgery in the 33 second degree as defined in section 170.10 of the penal law, forgery in 34 the first degree as defined in section 170.15 of the penal law, criminal 35 possession of a forged instrument in the second degree as defined in 36 section 170.25 of the penal law, criminal possession of a forged instru- 37 ment in the first degree as defined in section 170.30 of the penal law, 38 criminal possession of forgery devices as defined in section 170.40 of 39 the penal law, falsifying business records in the first degree as 40 defined in section 175.10 of the penal law, tampering with public 41 records in the first degree as defined in section 175.25 of the penal 42 law, offering a false instrument for filing in the first degree as 43 defined in section 175.35 of the penal law, issuing a false certificate 44 as defined in section 175.40 of the penal law, criminal diversion of 45 prescription medications and prescriptions in the second degree as 46 defined in section 178.20 of the penal law, criminal diversion of 47 prescription medications and prescriptions in the first degree as 48 defined in section 178.25 of the penal law, residential mortgage fraud 49 in the fourth degree as defined in section 187.10 of the penal law, 50 residential mortgage fraud in the third degree as defined in section 51 187.15 of the penal law, residential mortgage fraud in the second degree 52 as defined in section 187.20 of the penal law, residential mortgage 53 fraud in the first degree as defined in section 187.25 of the penal law, 54 escape in the second degree as defined in section 205.10 of the penal 55 law, escape in the first degree as defined in section 205.15 of the 56 penal law, absconding from temporary release in the first degree asS. 5988 7 1 defined in section 205.17 of the penal law, promoting prison contraband 2 in the first degree as defined in section 205.25 of the penal law, 3 hindering prosecution in the second degree as defined in section 205.60 4 of the penal law, hindering prosecution in the first degree as defined 5 in section 205.65 of the penal law, sex trafficking as defined in 6 section 230.34 of the penal law, sex trafficking of a child as defined 7 in section 230.34-a of the penal law, criminal possession of a weapon in 8 the third degree as defined in subdivisions two, three and five of 9 section 265.02 of the penal law, criminal possession of a weapon in the 10 second degree as defined in section 265.03 of the penal law, criminal 11 possession of a weapon in the first degree as defined in section 265.04 12 of the penal law, manufacture, transport, disposition and defacement of 13 weapons and dangerous instruments and appliances defined as felonies in 14 subdivisions one, two, and three of section 265.10 of the penal law, 15 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 16 of weapons as defined in subdivision two of section 265.35 of the penal 17 law, relating to firearms and other dangerous weapons, or failure to 18 disclose the origin of a recording in the first degree as defined in 19 section 275.40 of the penal law; 20 (h) Promoting [prostitution in the first degree, as defined in section21230.32 of the penal law, promoting] prostitution in the second degree, 22 as defined by subdivision one of section 230.30 of the penal law, 23 promoting prostitution in the third degree, as defined in section 230.25 24 of the penal law; 25 § 12. Subdivision 6 of section 380.50 of the criminal procedure law, 26 as separately amended by chapters 368 and 394 of the laws of 2015, is 27 amended to read as follows: 28 6. Regardless of whether the victim requests to make a statement with 29 regard to the defendant's sentence, where the defendant is sentenced for 30 a violent felony offense as defined in section 70.02 of the penal law or 31 a felony defined in article one hundred twenty-five of such law or any 32 of the following provisions of such law sections 130.25, 130.30, 130.40, 33 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 34 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, or subdivision two of 35 section 230.30 [or 230.32], the prosecutor shall, within sixty days of 36 the imposition of sentence, provide the victim with a form, prepared and 37 distributed by the commissioner of the division of criminal justice 38 services, in consultation with the director of the office of victim 39 services, on which the victim may indicate a demand to be informed of 40 any petition to change the name of such defendant. Such forms shall be 41 maintained by such prosecutor. Upon receipt of a notice of a petition to 42 change the name of any such defendant, pursuant to subdivision two of 43 section sixty-two of the civil rights law, the prosecutor shall promptly 44 notify the victim at the most current address or telephone number 45 provided by such victim in the most reasonable and expedient possible 46 manner of the time and place such petition will be presented to the 47 court. 48 § 12-a. Paragraph (i) of subdivision 1 of section 440.10 of the crimi- 49 nal procedure law, as amended by chapter 368 of the laws of 2015, is 50 amended to read as follows: 51 (i) The judgment is a conviction where the arresting charge was under 52 section 240.37 (loitering for the purpose of engaging in a prostitution 53 offense, provided that the defendant was not alleged to be loitering for 54 the purpose of patronizing a person for prostitution or promoting pros- 55 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school 56 zone) of the penal law, and the defendant's participation in the offenseS. 5988 8 1 was a result of having been a victim of sex trafficking under section 2 230.34 of the penal law, sex trafficking of a child under section 3 230.34-a of the penal law, labor trafficking under section 135.35 of the 4 penal law, aggravated labor trafficking under section 135.37 of the 5 penal law, [compelling prostitution under section 230.33 of the penal6law,] or trafficking in persons under the Trafficking Victims Protection 7 Act (United States Code, title 22, chapter 78); provided that 8 § 13. Subdivision 2 of section 420.35 of the criminal procedure law, 9 as amended by chapter 426 of the laws of 2015, is amended to read as 10 follows: 11 2. Under no circumstances shall the mandatory surcharge, sex offender 12 registration fee, DNA databank fee or the crime victim assistance fee be 13 waived provided, however, that a court may waive the crime victim 14 assistance fee if such defendant is an eligible youth as defined in 15 subdivision two of section 720.10 of this chapter, and the imposition of 16 such fee would work an unreasonable hardship on the defendant, his or 17 her immediate family, or any other person who is dependent on such 18 defendant for financial support. A court shall waive any mandatory 19 surcharge, DNA databank fee and crime victim assistance fee when: (i) 20 the defendant is convicted of loitering for the purpose of engaging in 21 prostitution under section 240.37 of the penal law (provided that the 22 defendant was not convicted of loitering for the purpose of patronizing 23 a person for prostitution); (ii) the defendant is convicted of prostitu- 24 tion under section 230.00 of the penal law; (iii) the defendant is 25 convicted of a violation in the event such conviction is in lieu of a 26 plea to or conviction for loitering for the purpose of engaging in pros- 27 titution under section 240.37 of the penal law (provided that the 28 defendant was not alleged to be loitering for the purpose of patronizing 29 a person for prostitution) or prostitution under section 230.00 of the 30 penal law; or (iv) the court finds that a defendant is a victim of sex 31 trafficking under section 230.34 of the penal law or a victim of traf- 32 ficking in persons under the trafficking victims protection act (United 33 States Code, Title 22, Chapter 78); or (v) the court finds that the 34 defendant is a victim of sex trafficking of a child under section 35 230.34-a of the penal law. 36 § 14. Subdivision 3 of section 427-a of the social services law, as 37 added by chapter 452 of the laws of 2007, is amended to read as follows: 38 3. The criteria for determining which cases may be placed in the 39 assessment track shall be determined by the local department of social 40 services, in conjunction with the office of children and family services 41 and after consultation with the office for the prevention of domestic 42 violence. Provided, however, that reports including any of the following 43 allegations shall not be included in the assessment track of a differen- 44 tial response program: 45 (a) reports alleging that the subject committed or allowed to be 46 committed an offense defined in article one hundred thirty of the penal 47 law; 48 (b) reports alleging that the subject allowed, permitted or encouraged 49 a child to engage in any act described in sections 230.25[,] and 230.30 50 [and 230.32] of the penal law; 51 (c) reports alleging that the subject committed any of the acts 52 described in section 255.25, 255.26 or 255.27 of the penal law; 53 (d) reports alleging that the subject allowed a child to engage in 54 acts or conduct described in article two hundred sixty-three of the 55 penal law;S. 5988 9 1 (e) reports alleging that the subject committed assault in the first, 2 second or third degree against a child; 3 (f) reports alleging that the subject committed or attempted to commit 4 murder or manslaughter in the first or second degree; 5 (g) reports alleging that the subject abandoned a child pursuant to 6 subdivision five of section three hundred eighty-four-b of this article; 7 (h) reports alleging that the subject has subjected a child to severe 8 or repeated abuse as those terms are defined in paragraphs (a) and (b) 9 of subdivision eight of section three hundred eighty-four-b of this 10 article; and 11 (i) reports alleging that the subject has neglected a child so as to 12 substantially endanger the child's physical or mental health, including 13 a growth delay, which may be referred to as failure to thrive, that has 14 been diagnosed by a physician and is due to parental neglect. 15 § 15. Subdivision 1 of section 447-a of the social services law, as 16 amended by section 1 of part G of chapter 58 of the laws of 2010, is 17 amended to read as follows: 18 1. The term "sexually exploited child" means any person under the age 19 of eighteen who has been subject to sexual exploitation because he or 20 she: 21 (a) is the victim of the crime of sex trafficking as defined in 22 section 230.34 of the penal law or the crime of sex trafficking of a 23 child as defined in section 230.34-a of the penal law; 24 (b) engages in any act as defined in section 230.00 of the penal law; 25 (c) [is a victim of the crime of compelling prostitution as defined in26section 230.33 of the penal law;27(d)] engages in acts or conduct described in article two hundred 28 sixty-three or section 240.37 of the penal law. 29 § 16. Subdivision (c) of section 483-bb of the social services law, as 30 added by chapter 368 of the laws of 2015, is amended to read as follows: 31 (c) An individual who is a victim of the conduct prohibited by section 32 [230.33,] 230.34, 230.34-a, 135.35 or 135.37 of the penal law may bring 33 a civil action against the perpetrator or whoever knowingly advances or 34 profits from, or whoever should have known he or she was advancing or 35 profiting from, an act in violation of section [230.33,] 230.34, 36 230.34-a, 135.35 or 135.37 of the penal law to recover damages and 37 reasonable attorney's fees. 38 § 17. Paragraph (a) of subdivision 4 of section 509-cc of the vehicle 39 and traffic law, as amended by chapter 400 of the laws of 2011, is 40 amended to read as follows: 41 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of 42 subdivision one and paragraph (a) of subdivision two of this section 43 that result in permanent disqualification shall include a conviction 44 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 45 125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65, 130.66, 46 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20, 47 230.30, [230.32,] 230.34, 230.34-a, 235.22, 263.05, 263.10, 263.11, 48 263.15, 263.16 of the penal law or an attempt to commit any of the afor- 49 esaid offenses under section 110.00 of the penal law, or any offenses 50 committed under a former section of the penal law which would constitute 51 violations of the aforesaid sections of the penal law, or any offenses 52 committed outside this state which would constitute violations of the 53 aforesaid sections of the penal law. 54 § 18. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic 55 law, as added by chapter 368 of the laws of 2015, are amended to read as 56 follows:S. 5988 10 1 1. A class E driver's license shall be suspended by the commissioner 2 for a period of one year where the holder is convicted of a violation of 3 section 230.20, 230.25, 230.30, [230.32,] 230.34, 230.34-a or 230.40 of 4 the penal law and the holder used a for hire motor vehicle to commit 5 such crime. 6 2. A class E driver's license may be revoked by the commissioner when 7 the holder, who had his or her driver's license suspended under subdivi- 8 sion one of this section within the last ten years, is convicted of a 9 second violation of section 230.20, 230.25, 230.30, [230.32,] 230.34, 10 230.34-a or 230.40 of the penal law and the holder used a for hire motor 11 vehicle to commit such crime. 12 § 19. Subdivision a of section 3-118 of the administrative code of the 13 city of New York, as added by local law number 39 of the city of New 14 York for the year 2016, is amended to read as follows: 15 a. For the purposes of this section, the following terms have the 16 following meanings: 17 Homeless youth. The term "homeless youth" means persons under the age 18 of 21 who are in need of services and are without a place of shelter 19 where supervision and care are available. 20 Runaway youth. The term "runaway youth" means persons under the age of 21 18 years who are absent from their legal residence without the consent 22 of their parent, legal guardian or custodian. 23 Sexually exploited youth. The term "sexually exploited youth" means 24 persons under the age of 18 who have been subject to sexual exploitation 25 because they (a) are the victim of the crime of sex trafficking as 26 defined in section 230.34 of the penal law; (b) engage in any act as 27 defined in section 230.00 of the penal law; (c) [are a victim of the28crime of compelling prostitution as defined in section 230.33 of the29penal law] are a victim of the crime of sex trafficking of a child as 30 defined in section 230.34-a of the penal law; or (d) engage in acts or 31 conduct described in article 263 or section 240.37 of the penal law. The 32 term shall also mean persons under the age of 18 who have been subject 33 to incest in the third degree, second degree or first degree, as defined 34 in sections 255.25, 255.26, and 255.27 of the penal law, respectively, 35 or any of the sex offenses enumerated in article 130 of the penal law. 36 § 20. Subparagraph i of paragraph 7 of subdivision a of section 9-131 37 of the administrative code of the city of New York, as added by local 38 law number 58 of the city of New York for the year 2014, is amended to 39 read as follows: 40 i. a felony defined in any of the following sections of the penal law: 41 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 42 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 43 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 44 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 45 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 46 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 47 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 48 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 49 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 50 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 51 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 52 [230.32, 230.33,] 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 53 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 54 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 55 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 56 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2),S. 5988 11 1 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 2 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 3 490.45, 490.47, 490.50, or 490.55; 4 § 21. Subparagraph i of paragraph 6 of subdivision a of section 14-154 5 of the administrative code of the city of New York, as added by local 6 law number 59 of the city of New York for the year 2014, is amended to 7 read as follows: 8 i. a felony defined in any of the following sections of the penal law: 9 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 10 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 11 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 12 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 13 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 14 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 15 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 16 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 17 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 18 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 19 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 20 [230.32, 230.33,] 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 21 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 22 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 23 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09, 24 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 25 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22, 26 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 27 490.40, 490.45, 490.47, 490.50, or 490.55; 28 § 22. Subdivision 2 of section 61 of the civil rights law, as amended 29 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 30 is amended to read as follows: 31 2. If the petitioner stands convicted of a violent felony offense as 32 defined in section 70.02 of the penal law or a felony defined in article 33 one hundred twenty-five of such law or any of the following provisions 34 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 35 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 36 or subdivision two of section 230.30 [or 230.32], and is currently 37 confined as an inmate in any correctional facility or currently under 38 the supervision of the department of corrections and community super- 39 vision or a county probation department as a result of such conviction, 40 the petition shall for each such conviction specify such felony 41 conviction, the date of such conviction or convictions, and the court in 42 which such conviction or convictions were entered. 43 § 23. Subdivision 2 of section 62 of the civil rights law, as amended 44 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 45 is amended to read as follows: 46 2. If the petition be to change the name of a person currently 47 confined as an inmate in any correctional facility or currently under 48 the supervision of the department of corrections and community super- 49 vision or a county probation department as a result of a conviction for 50 a violent felony offense as defined in section 70.02 of the penal law or 51 a felony defined in article one hundred twenty-five of such law or any 52 of the following provisions of such law sections 130.25, 130.30, 130.40, 53 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 54 135.25, 230.05, 230.06, or subdivision two of section 230.30 [or55230.32], notice of the time and place when and where the petition will 56 be presented shall be served, in like manner as a notice of a motionS. 5988 12 1 upon an attorney in an action, upon the district attorney of every coun- 2 ty in which such person has been convicted of such felony and upon the 3 court or courts in which the sentence for such felony was entered. 4 Unless a shorter period of time is ordered by the court, said notice 5 shall be served upon each such district attorney and court or courts not 6 less than sixty days prior to the date on which such petition is noticed 7 to be heard. 8 § 24. The closing paragraph of section 64 of the civil rights law, as 9 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 10 amended to read as follows: 11 Upon compliance with the order and the filing of the affidavit of the 12 publication, as provided in this section, the clerk of the court in 13 which the order has been entered shall certify that the order has been 14 complied with; and, if the petition states that the petitioner stands 15 convicted of a violent felony offense as defined in section 70.02 of the 16 penal law or a felony defined in article one hundred twenty-five of such 17 law or any of the following provisions of such law sections 130.25, 18 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred 19 sixty-three, 135.10, 135.25, 230.05, 230.06, or subdivision two of 20 section 230.30 [or 230.32], such clerk (1) shall deliver, by first class 21 mail, a copy of such certified order to the division of criminal justice 22 services at its office in the county of Albany and (2) upon the clerk of 23 the court reviewing the petitioner's application for name change and 24 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 25 first class mail, the petitioner's new name with such certified order to 26 the court of competent jurisdiction which imposed the orders of support. 27 Such certification shall appear on the original order and on any certi- 28 fied copy thereof and shall be entered in the clerk's minutes of the 29 proceeding. 30 § 25. Paragraph (iii) of subdivision (e) of section 1012 of the family 31 court act, as amended by section 1 of part L of chapter 56 of the laws 32 of 2017, is amended to read as follows: 33 (iii) (A) commits, or allows to be committed an offense against such 34 child defined in article one hundred thirty of the penal law; (B) 35 allows, permits or encourages such child to engage in any act described 36 in sections 230.25, 230.30 and [230.32] 230.34-a of the penal law; (C) 37 commits any of the acts described in sections 255.25, 255.26 and 255.27 38 of the penal law; (D) allows such child to engage in acts or conduct 39 described in article two hundred sixty-three of the penal law; or (E) 40 permits or encourages such child to engage in any act or commits or 41 allows to be committed against such child any offense that would render 42 such child either a victim of sex trafficking or a victim of severe 43 forms of trafficking in persons pursuant to 22 U.S.C. 7102 as enacted by 44 public law 106-386 or any successor federal statute; (F) provided, 45 however, that (1) the corroboration requirements contained in the penal 46 law and (2) the age requirement for the application of article two 47 hundred sixty-three of such law shall not apply to proceedings under 48 this article. 49 § 26. Subdivision (f) of section 10.03 of the mental hygiene law, as 50 amended by chapter 405 of the laws of 2010, is amended to read as 51 follows: 52 (f) "Designated felony" means any felony offense defined by any of the 53 following provisions of the penal law: assault in the second degree as 54 defined in section 120.05, assault in the first degree as defined in 55 section 120.10, gang assault in the second degree as defined in section 56 120.06, gang assault in the first degree as defined in section 120.07,S. 5988 13 1 stalking in the first degree as defined in section 120.60, strangulation 2 in the second degree as defined in section 121.12, strangulation in the 3 first degree as defined in section 121.13, manslaughter in the second 4 degree as defined in subdivision one of section 125.15, manslaughter in 5 the first degree as defined in section 125.20, murder in the second 6 degree as defined in section 125.25, aggravated murder as defined in 7 section 125.26, murder in the first degree as defined in section 125.27, 8 kidnapping in the second degree as defined in section 135.20, kidnapping 9 in the first degree as defined in section 135.25, burglary in the third 10 degree as defined in section 140.20, burglary in the second degree as 11 defined in section 140.25, burglary in the first degree as defined in 12 section 140.30, arson in the second degree as defined in section 150.15, 13 arson in the first degree as defined in section 150.20, robbery in the 14 third degree as defined in section 160.05, robbery in the second degree 15 as defined in section 160.10, robbery in the first degree as defined in 16 section 160.15, promoting prostitution in the second degree as defined 17 in section 230.30, [promoting prostitution in the first degree as18defined in section 230.32, compelling prostitution as defined in section19230.33,] sex trafficking of a child as defined in section 230.34-a, 20 disseminating indecent material to minors in the first degree as defined 21 in section 235.22, use of a child in a sexual performance as defined in 22 section 263.05, promoting an obscene sexual performance by a child as 23 defined in section 263.10, promoting a sexual performance by a child as 24 defined in section 263.15, or any felony attempt or conspiracy to commit 25 any of the foregoing offenses. 26 § 27. Subdivision 2 of section 715 of the real property actions and 27 proceedings law, as amended by chapter 368 of the laws of 2015, is 28 amended to read as follows: 29 2. For purposes of this section, two or more convictions of any person 30 or persons had, within a period of one year, for any of the offenses 31 described in section 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 32 230.20, 230.25, 230.30[, 230.32] or 230.40 of the penal law arising out 33 of conduct engaged in at the same real property consisting of a dwelling 34 as that term is defined in subdivision four of section four of the 35 multiple dwelling law shall be presumptive evidence of conduct consti- 36 tuting use of the premises for purposes of prostitution. 37 § 28. Section 2324-a of the public health law, as amended by chapter 38 368 of the laws of 2015, is amended to read as follows: 39 § 2324-a. Presumptive evidence. For the purposes of this title, two or 40 more convictions of any person or persons had, within a period of one 41 year, for any of the offenses described in section 230.00, 230.05, 42 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30 or 43 [230.32] 230.34-a of the penal law arising out of conduct engaged in at 44 the same real property consisting of a dwelling as that term is defined 45 in subdivision four of section four of the multiple dwelling law shall 46 be presumptive evidence of conduct constituting use of the premises for 47 purposes of prostitution. 48 § 29. Subdivision 5 of section 621 of the executive law, as amended by 49 section 1 of part H of chapter 55 of the laws of 2017, is amended to 50 read as follows: 51 5. "Victim" shall mean (a) a person who suffers personal physical 52 injury as a direct result of a crime; (b) a person who is the victim of 53 either the crime of (1) unlawful imprisonment in the first degree as 54 defined in section 135.10 of the penal law, (2) kidnapping in the second 55 degree as defined in section 135.20 of the penal law, (3) kidnapping in 56 the first degree as defined in section 135.25 of the penal law, (4)S. 5988 14 1 menacing in the first degree as defined in section 120.13 of the penal 2 law, (5) criminal obstruction of breathing or blood circulation as 3 defined in section 121.11 of the penal law, (6) harassment in the second 4 degree as defined in section 240.26 of the penal law, (7) harassment in 5 the first degree as defined in section 240.25 of the penal law, (8) 6 aggravated harassment in the second degree as defined in subdivision 7 three or five of section 240.30 of the penal law, (9) aggravated harass- 8 ment in the first degree as defined in subdivision two of section 240.31 9 of the penal law, (10) criminal contempt in the first degree as defined 10 in subdivision (b) or subdivision (c) of section 215.51 of the penal 11 law, (11) stalking in the fourth, third, second or first degree as 12 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 13 (12) labor trafficking as defined in section 135.35 of the penal law, 14 [or] (13) sex trafficking as defined in section 230.34 of the penal law; 15 or (14) sex trafficking of a child as defined in section 230.34-a of the 16 penal law; a vulnerable elderly person or an incompetent or physically 17 disabled person as defined in section 260.31 of the penal law who incurs 18 a loss of savings as defined in subdivision twenty-four of this section; 19 or a person who has had a frivolous lawsuit filed against them. 20 § 30. Subdivision 1 of section 631 of the executive law, as amended by 21 section 22 of part A-1 of chapter 56 of the laws of 2010, is amended to 22 read as follows: 23 1. No award shall be made unless the office finds that (a) a crime was 24 committed, (b) such crime directly resulted in personal physical injury 25 to or the exacerbation of a preexisting disability, or condition, or 26 death of, the victim, and (c) criminal justice agency records show that 27 such crime was promptly reported to the proper authorities; and in no 28 case may an award be made where the criminal justice agency records show 29 that such report was made more than one week after the occurrence of 30 such crime unless the office, for good cause shown, finds the delay to 31 have been justified; provided, however, in cases involving an alleged 32 sex offense as contained in article one hundred thirty of the penal law 33 or incest as defined in section 255.25, 255.26 or 255.27 of the penal 34 law or labor trafficking as defined in section 135.35 of the penal law 35 or sex trafficking as defined in [section] sections 230.34 and 230.34-a 36 of the penal law or an offense chargeable as a family offense as 37 described in section eight hundred twelve of the family court act or 38 section 530.11 of the criminal procedure law, the criminal justice agen- 39 cy report need only be made within a reasonable time considering all the 40 circumstances, including the victim's physical, emotional and mental 41 condition and family situation. For the purposes of this subdivision, 42 "criminal justice agency" shall include, but not be limited to, a police 43 department, a district attorney's office, and any other governmental 44 agency having responsibility for the enforcement of the criminal laws of 45 the state provided, however, that in cases involving such sex offense a 46 criminal justice agency shall also mean a family court, a governmental 47 agency responsible for child and/or adult protective services pursuant 48 to title six of article six of the social services law and/or title one 49 of article nine-B of the social services law, and any medical facility 50 established under the laws of the state that provides a forensic phys- 51 ical examination for victims of rape and sexual assault. 52 § 31. Paragraph f of subdivision 1 of section 410 of the general busi- 53 ness law, as amended by chapter 80 of the laws of 2015, is amended to 54 read as follows: 55 f. Conviction of any of the following crimes subsequent to the issu- 56 ance of a license or registration pursuant to this article: fraud pursu-S. 5988 15 1 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 2 190.65; falsifying business records pursuant to section 175.10; grand 3 larceny pursuant to article 155; bribery pursuant to sections 180.03, 4 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 5 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40; 6 assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery 7 pursuant to article 160; homicide pursuant to sections 125.25 and 8 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping 9 and unlawful imprisonment pursuant to sections 135.10, 135.20 and 10 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03 11 and 265.04; criminal use of a weapon pursuant to sections 265.08 and 12 265.09; criminal sale of a weapon pursuant to sections 265.11 and 13 265.12; [compelling prostitution pursuant to section 230.33;] sex traf- 14 ficking pursuant to section 230.34; sex trafficking of a child pursuant 15 to section 230.34-a; and sex offenses pursuant to article 130 of the 16 penal law. Provided, however, that for the purposes of this article, 17 none of the following shall be considered criminal convictions or 18 reported as such: (i) a conviction for which an executive pardon has 19 been issued pursuant to the executive law; (ii) a conviction which has 20 been vacated and replaced by a youthful offender finding pursuant to 21 article seven hundred twenty of the criminal procedure law, or the 22 applicable provisions of law of any other jurisdiction; or (iii) a 23 conviction the records of which have been expunged or sealed pursuant to 24 the applicable provisions of the laws of this state or of any other 25 jurisdiction; and (iv) a conviction for which other evidence of success- 26 ful rehabilitation to remove the disability has been issued. 27 § 32. Subdivision 3 of section 231 of the real property law, as 28 amended by chapter 368 of the laws of 2015, is amended to read as 29 follows: 30 3. For the purposes of this section, two or more convictions of any 31 person or persons had, within a period of one year, for any of the 32 offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12, 33 230.13, 230.20, 230.25, 230.30[, 230.32] or 230.40 of the penal law 34 arising out of conduct engaged in at the same premises consisting of a 35 dwelling as that term is defined in subdivision four of section four of 36 the multiple dwelling law shall be presumptive evidence of unlawful use 37 of such premises and of the owners knowledge of the same. 38 § 33. This act shall take effect on the ninetieth day after it shall 39 have become a law; provided, however, that if section 1 of part H of 40 chapter 55 of the laws of 2017 shall not have taken effect on or before 41 such date then section twenty-nine of this act shall take effect on the 42 same date and in the same manner as such chapter of the laws of 2017, 43 takes effect.
