Makes various provisions relating to prostitution offenses

Summary of provisions

Section 1 provides that the act shall be known and may be cited as the "trafficking victims protection and justice act".

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7 of the Laws of 2007; to add patronizing a person for prostitution in the second degree as defined in section 230.05, aggravated Patronizing a minor for prostitution in the third degree as defined in section 230.11, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12, and aggravated patronizing a minor for prostitution in the first degree as defined in section 230.13, as felony sex offenses.

Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of the Penal Law, as amended by Chapter 320 of the Laws of 2006, to add sex trafficking as defined in section 230.34 as a Class B violent felony offense.

Section 4 amends paragraph (a) of subdivision 1 of section 70.80 of the Penal Law, as added by Chapter 7 of the Laws of 2007, to add

patronizing a Person for prostitution in the second degree, aggravated patronizing a minor for prostitution in the third degree, aggravated patronizing a minor for prostitution in the second degree and aggravated patronizing a minor for prostitution in the first degree as felony sex offenses.

Section 5 amends section 135.35 of the Penal Law, as added by Chapter 74 of the Laws of 2007, to provide that labor trafficking is a Class B felony, in lieu of a Class D felony.

Section 6 amends the Penal Law by adding a new section 230.01 to provide for an affirmative defense in any prosecution under section 230.00 or section 240.37(2) of the Penal. Law that the defendant's participation in the offense was a result of being a victim of sex trafficking under section 230.34 of the Penal Law or a victim of trafficking under the federal Trafficking Victims Protection Act.

Section 7 amends section 230.02 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to replace the term "prostitute" with "person for prostitution" and to make the section gender neutral.

Section 8 amends subdivision 2 of section 230.03 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to provide that the definition of School zone also applies for purposes of section 230.03, patronizing a person for prostitution in a school zone.

Section 9 amends the Penal Law by adding a new section 230.03 to provide a new offense, patronizing a person for prostitution in a school zone. A person is guilty of patronizing a person for prostitution in a school zone when he or she commits the crime of patronizing a person for prostitution in violation of section 230.04, 230.05 or 230.06 of the Penal Law in a school zone during the hours that school is in session. This section provides that patronizing a person for prostitution in a school zone is a Class E felony.

Section 10 amends section 230.04 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, to replace the term "prostitute" with "person for prostitution."

Section 11 amends section 230.05 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to provide that a person is guilty of patronizing a person for prostitution in the second degree when being 18 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old. Current law provides that a person is guilty of this offense where he is over age 18 and the person patronized is less than 14 years old. The section also replaces the term "prostitute" with "person for prostitution" and makes the section render neutral.

Section 12 amends section 230.06 of the Penal Law, as added by Chapter 627 of the Laws of 1978, to add that a person is guilty of patronizing a person for prostitution in the first degree when being 18 years old or more he or she patronizes a person for prostitution and the person patronized is less than 13 years old. The section also replaces the term "prostitute" with "person for, prostitution" and makes the section gender neutral.

Section 13 amends section 230.10 of the Penal Law to replace the term "prostitute" with "person for prostitution."

Section 14 amends the Penal Law by adding three new sections 230.11, 230.12 and 230.13. New section 230.11 creates the new offense of aggravated patronizing a minor for prostitution in the third degree. A person is guilty of aggravated patronizing a minor for prostitution in the third degree when, being 21 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 17 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct. Aggravated patronizing a minor for prostitution in the third degree is a Class E felony.

New section 230.12 creates the new offense of aggravated patronizing a minor for prostitution in the second degree. A person is guilty of aggravated patronizing a minor for prostitution in the second degree when, being 18 veers old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct. Aggravated patronizing a minor for prostitution in the second degree is a Class 0 felony.

New section 230.13 creates the new offense of aggravated patronizing a minor for prostitution in the first degree. A person is guilty of aggravated patronizing a minor for prostitution in the first degree when he or she patronizes a person for prostitution and the person patronized is less than 11 years old, or the person patronized is less than 13 years old and the person patronizing a person for Prostitution is 18 years old or more, and in either case the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct. Aggravated patronizing a minor for prostitution in the first degree is a Class B felony.

Section 15 amends subdivisions 1 and 2 of section 230.15 of the Penal Law to replace the term "prostitute" with "person for prostitution" and makes the section gender neutral.

Section 16 amends subdivision 1 of section 230.19 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to eliminate the scienter requirement so that a person is guilty of promoting prostitution in a school zone when, being 19 years old or more, he or she knowingly advances or profits from prostitution in a school zone during the hours that school is in session.

Section 17 amends the opening paragraph and subdivisions 1 and 2 of section 230.25 of the Penal Law, the opening paragraph and subdivision 2 as amended by Chapter 627 of the Laws of 1976 and subdivision 1 as amended by Chapter 74 of the Laws of 2007, to add that a person is guilty of promoting prostitution in the third degree when he or she profits from prostitution by engaging, either alone or in association with others, in a business or enterprise consisting of the transporting of a person or persons for the purposes of prostitution. The section also replaces the term "Prostitute" with "person for prostitution" and makes the section gender neutral.

Section 18 amends the opening paragraph of section 230.30 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to make the section gender neutral.

Section 19 amends section 230.32 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by providing that a person is guilty of promoting prostitution in the first degree when he or she knowingly advances or profits from Prostitution of a person less than 13 years old, in lieu of less than 11 years old.

Section 20 amends section 230.33 of the Penal Law, as added by Chapter 450 of the Laws of 2005, by providing that a person is guilty of compelling prostitution when, being 21 years old or more, he or she knowingly advances prostitution by compelling by force or intimidation a person less than 18 years old, in lieu of less than 16 years old, to engage in prostitution.

Section 21 amends subdivision 1 and paragraph (h) of subdivision 3 of section 230.34 of the Penal Law, as added by Chapter 74 of the Laws of 2007, by adding to the substances that are unlawfully provided to a person who is patronized with intent to impair such person's judgment methylenedioxymethammhetamine (MOMA), also known as Ecstasy. The section also adds a new subdivision 6 to provide that a person is guilty of sex trafficking if he or she intentionally advances or profits from prostitution by knowingly advancing prostitution of a person less than 18 years old.

Section 22 amends section 230.35 of the Penal Law, as amended by Chapter 480 of the Laws of 2005, by providing that in a prosecution for promoting prostitution or compelling prostitution, a person less than 18 years old from whose prostitution activity another person is alleged to have advanced or attempted to advance or profited or attempted to profit shall not be deemed to be an accomplice. Current law provides that a person less than 17 years old under such circumstances shall not be deemed an accomplice.

Section 23 amends section 230.40 of the Penal Law to add that a person is guilty of permitting prostitution when, having possession or control of a vehicle that he or she knows is being used for prostitution or for the purpose of advancing prostitution, he or she fails to make reasonable effort to halt or abate such use.

Section 24 amends subdivision 2 of section 240.37 of the Penal Law, as added by Chapter 344 or. the Laws of 1976, and adds a new subdivision 3 to add that any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of patronizing a person for prostitution is guilty of a violation and is guilty of a Class B misdemeanor if such person has previously been convicted of a violation of this section or of sections 230.04, 230.05, 230.06 or 230.08 of the Penal Law.

Section 25 amends section 120.90 of the Criminal Procedure Law to establish arrest procedures in the case of a warrant of arrest when a 16- or 17-year old is taken into custody for an act which would

constitute prostitution under section 230.00 of the Penal Law or loitering for the purposes of prostitution under section 240.37(2) of the Penal Law. After performing without unnecessary delay all recording, fingerprinting and other preliminary police duties, a police officer shall bring the arrested person before a local criminal court and file an appropriate accusatory instrument. If the local criminal court is not in session, the arresting officer shall take the person to an available short-term safe house. A police office or peace officer is not precluded from originating a person in need of supervision proceeding pursuant to section 733 of the Family Court Act in lieu of referral for prosecution.

Section 26 amends section 140.20 of the Criminal Procedure Law to establish arrest procedures in the case of an arrest without a warrant when a 16- or 17-year old is taken into custody for an act which would constitute prostitution under section 230.00 of the Penal Law or loitering for the purposes of prostitution under section 240.37(2) of the Penal Law. After performing without unnecessary delay all recording, fingerprinting and other preliminary police duties, a police officer shall bring the arrested person before a local criminal court and file an appropriate accusatory instrument. If the local criminal court is not in session, the arresting officer shall take the person to an available short-term safe house. A police office or peace officer is not precluded from originating a person in need of supervision proceeding pursuant to section 733 of the Family Court Act in lieu of referral for prosecution.

Section 27 amends section 170.10 of the Criminal Procedure Law to provide that in any proceeding based upon an arrest of a 16- or 17-year old for prostitution as defined in section 230.00 of the Penal Law, or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law, such youth shall be treated as a sexually exploited child pursuant to section 447-a of the Social Services Law. The section further provides that the court shall order specialized services set forth in section 447-a(2)-(5) for up to three months upon the consent of such youth. Nothing shall preclude the court from dismissing the case in the interest of justice pursuant to section 170.30(1)(g) of the Criminal Procedure Law.

Section 28 amends section 170.30 of the Criminal Procedure Law to provide that after arraignment upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, the local criminal court shall dismiss such instrument on the grounds that a sexually exploited child accused of prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law cooperated with services ordered by the court.

Section 29 amends subdivision 6 of section 380.50 of the Criminal Procedure Law, as amended 'by Chapter 320 of the Laws of 2006, to add to the list of enumerated offenses for which a defendant is sentenced offenses under sections 230.04, patronizing a person for prostitution in the third degree, 230.06, patronizing a person for prostitution in a school zone, 230.11, aggravated patronizing a minor for prostitution in the third degree, 230.12, aggravated patronizing a minor for prostitution in the second degree, and 230.13, aggravated patronizing a minor for prostitution in the first degree, wherein the prosecutor

shall, within 60 days of the imposition of sentence provide the victim with a form on which the victim may indicate a demand to be informed of any petition to change the name of such defendant.

Section 30 amends subdivision 1 of section 440.10 of the Criminal Procedure Law, as added by Chapter 332 of the Laws of 2010, to replace the term "prostitute" with "person for prostitution."

Section 31 amends paragraph (h) of subdivision 3 of section 700.05 of the Criminal Procedure Law, as amended by Chapter 154 of the Laws of 1990, to include promoting prostitution in the third degree as defined in section 230.25 of the Penal Law in the definition of "designated offense."

Section 32 amends subdivision 1 of section 720.10 of the Criminal Procedure Law, as amended by Chapter 411 of the Laws of 1979, to include in the definition of youth a person charged with loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law where such violation was alleged to have been committed when he or she was sixteen or seventeen years old.

Section 33 amends paragraph (b) of subdivision 1 of section 720.20 of the Criminal Procedure Law, as amended by Chapter 652 of the Laws of 1974, to provide that any conviction for prostitution or loitering for prostitution resulting in a prior youthful offender adjudication shall not preclude the youth's eligibility for youthful offender treatment pursuant to such subdivision 1. In addition, where a 16- or 17-year old youth is convicted of prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law, the court meet find such youth is a youthful offender.

Section 34 amends subdivision (a) of section 483-cc of the Social Services Law, as added by Chapter 74 of the Laws of 2007, to add that an established provider of social or legal services designated by the Office of Temporary and Disability Assistance (OTDA) or the Office for the Prevention of Domestic Violence is authorized to notify OTDA and the Division of Criminal Justice Services that a person who reasonably appears to be a human trafficking victim may be eligible for services under this article.

Section 35 amends subdivision (p) of section 10.03 of the Mental Hygiene Law, as added by Chapter 7 of the Laws of 2007, to add as a sex offense aggravated patronizing a minor for prostitution in the first degree under 230.13 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated patronizing a minor for prostitution in the third degree under section 230.11 of the Penal Law.

Section 36 amends subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the Correction Law, as amended by Chapter 405 of the Laws of 2008, to add as a sex offense patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated Patronizing a minor for prostitution in the first

degree under section 230.23 of the Penal Law, sex trafficking under section 230.34 of the Penal Law, and promoting prostitution in the third degree under section 230.25 of the Penal Law where the person prostituted is in fact less than 17 years old.

Section 37 amends paragraph (b) of subdivision 1 of section 168-d of the Correction Law, as amended by Chapter 74 of the Laws of 2007, to replace the term years "of age" to "old."

Section 38 amends paragraph (c) of subdivision 4 of section 509-cc of the Vehicle and Traffic Law, as amended by Chapter 400 of the Laws of 2011, to add to the enumerated offenses of which a person is convicted that results in the disqualification for five years of such person from operating a school bus patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230-12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in a school. zone under section 230.19 of the Penal Law.

Section 39 amends section 2324-a of the public health law, as amended by Chapter 260 of the Laws of 1978, to add to the enumerated offenses patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.

Section 40 amends subdivision 2 of section 715 of the Peal Property Actions and Proceedings Law, as added by Chapter 494 of the Laws of 1976, to add to the enumerated offenses patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, Patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section. 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.

Section 41 amends subdivision 3 of section 231 of the Real Property Law, as amended by Chapter 203 of the Laws of 1980, to add to the enumerated offenses patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.09 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 o4' the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of unlawful use of such premises and the owner's knowledge of the same.

Section 42 amends subdivision 3 of section 502 of the executive Law, as amended by section 1 of subpart B of Part Q of Chapter 58 of the Laws of 2011, to include in the definition of detention a 16- or 17-year old alleged to have committed prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law.

Section 43 amends subdivision 2 of section 212 of the Judiciary Law to require the chief administrator of the courts to adopt rules establishing a training program in specialized areas involving sexually exploited youth and adolescent development.

Section 44 sets forth the effective date as the ninetieth day after it shall have become law.

Justification

Since 2007, Hew York State has taken significant measures to hold accountable sex and labor traffickers, sex tourism operators and others who organize, promote, advance, support and patronize the trafficking industry. The State has also taken important steps in recent years to acknowledge that many individuals facing prosecution for engaging in prostitution are, in fact, victims of human trafficking.

This legislation improves in several significant ways the State's response to human trafficking by enhancing protection of and assistance to victims of trafficking, particularly in instances of commercial sexual exploitation of children, and increasing the accountability of buyers and traffickers who are fueling the growth of this massive underground industry.

Conforming penalties. This bill creates the felony sex offenses of aggravated patronizing a minor in the third degree (Penal Law 230.11), the second degree (Penal Law § 230.12), and the first degree (Penal Law § 230.13) to conform the penalties for patronizing with those for statutory rape. Currently, an individual convicted of patronizing a minor for prostitution receives a lesser penalty than one. who rapes a minor of the same age. For example, an 18-year old found guilty of raping a 12-year old is convicted of a class H felony sex offense; however, an 18-year old found guilty of patronizing a 12-year old is convicted of a class E felony. This distinction

undercuts the legislative finding, expressed in the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"), that minors in prostitution are sexually exploited children as defined in Social Services Law § 447-a(1). Imposing a lesser penalty for individuals who pay to abuse suggests that the exchange of money mitigates the magnitude of the offense.

Making the crimes of aggravated patronizing a minor sex offenses (amending Penal Law §§ 60.13 and 70.80(1)(a)) also furthers the legislative goal of recognizing commercial sexual exploitation of children as a form of child sexual abuse.

Consistency within the Penal Law. The bill creates consistency within the Penal Law by aligning the ages of victims in each degree of patronizing a prostituted minor crimes with the age delineated in the corresponding degree of rape offense. For the crime of patronizing a person for prostitution in the second degree (Penal Law § 230.05), the age of the victim is changed from less than 14 to less titan 15, where the patronizer is 18 years old or older. The crime of patronizing a person for prostitution in the first degree (Penal Law § 230.06) is amended to include an individual who is 18 years old or older and patronizes a person less than 13 years old. The crime of promoting prostitution in the first degree (Penal Law § 230.32) is amended to include situations where the age of the child promoted is under 13 ,instead of under 11. The crime of compelling prostitution (Penal. Law § 230.33) is amended to include situations in which the child compelled is under 18 rather than under 16. Lastly, a person less than 18 instead of less than 17 will not be deemed an accomplice in promoting or compelling prostitution under. Penal Law § 230.35.

Alignment with Federal Law and the Family Court Act. This bill brings State law into alignment with Federal law by removing the coercion requirement for minors under the State's anti-human trafficking law. Currently, Hew York trafficking law, unlike Federal trafficking law (the Trafficking Victims Protection Act), requires that prosecutors prove coercion even when the victim is a minor. By amending the Penal Law (new § 230.34(6)), the bill also aligns the Penal Law with the Family Court Act, which creates a presumption that a minor charged with prostitution is a trafficking victim.

Affirmative defense to prostitution. This bill establishes sex trafficking as an affirmative defense to prostitution (new § 230.01 of the Penal Law). In 2010, the Criminal Procedure Law was amended to enable sex trafficking victims to vacate prostitution convictions ( 440.10(1) (i)). Providing an affirmative defense to prostitution where the defendant asserts that he or she is a victim of sex trafficking will prompt defense counsel to investigate such circumstances, and to bring the matter to the attention of the prosecutor and the court. Such Preemptive advocacy would further legislative intent expressed in the 2010 amendment, contribute to the protection of victims and the reduction of trafficking, and obviate the need for later post-conviction challenges.

Treating 16- and 17-year olds charged with prostitution as sexually exploited children. The Legislature, in enacting the Safe Harbor for Exploited Youth Act of 2008 ("Safe Harbor Act"), recognized that individuals under the age of eighteen who are arrested for

prostitution or loitering for the purposes of prostitution are victims of the commercial sexual exploitation of children. Consistent, overall implementation of this reform has been undermined, however, by inconsistent provisions, particularly in the Penal Law and Criminal Procedure Law that were not simultaneously amended to further this important legislative goal. In practice, 16- and 17-year-old victims continue to be treated as criminal defendants.

This legislation creates special arrest procedures consistent with the Safe Harbor Act (Criminal Procedure Law new §§120.90(9) and 140.20(8)). it also provides that a 16- or 17- year old charged with a prostitution offense will be treated as a sexually exploited child pursuant to section 447-a of the Social Services Law and the criminal court judge will have the authority to order specialized services consistent with the Safe Harbor Act (Criminal Procedure Law new §170.10 (10) and (11)). Upon completion of services the court will dismiss the charges (Criminal Procedure Law new §170.30(4)). If a youth is ultimately convicted of prostitution or loitering for the purposes of prostitution, the conviction will be replaced by a youthful offender adjudication, resulting in the sealing of the conviction (Criminal Procedure Law §720.10 and new §720.20(1)(c)). Further, a sexually exploited child alleged to have committed prostitution or loitering for the purposes of prostitution may be held in a youth detention facility (Executive Law § 502(3)) far a period no longer than the period currently prescribed by the Penal Law for such offenses. Additionally, this bill will require specialized training for judges who oversee the cases of 16- and 17- year old prostituted youth (Judiciary Law new §212(2) (s)).

Referral of services by providers. Accessing social services is critically important for human trafficking victims. Established providers of social and legal services are often the first to come into contact with victims and develop trusting relationships with them. It is appropriate that these providers, in addition to law enforcement and district attorneys, be able to make referrals for needed services. This bill amends the Social Services Law (§ 483-cc) to expand the scope of persons authorized to make such referrals to include designated established providers of social or legal services.

Enhanced penalties for trafficking. Sex and labor trafficking axe serious crimes that devastate the lives of victims. Sex trafficking victims are subjected to rape, frequently over and over, on a daily basis. Labor trafficking victims endure forced labor, often for prolonged periods of enslavement. The penalties for trafficking should be commensurate with the severity of the offenses. The bill designates sex trafficking as a Class B violent felony (Penal Law § 70.02) and raises the penalty for labor trafficking from a Class U felony to a Class B felony (Penal Law §135.35).

Including patronizers in the School Zone law. In his memo in which he signed into law the legislation that enhanced the penalties for prostitution in a school zone and promoting prostitution in a school zone, Governor Cuomo called attention to a gap in the bill, namely, that it failed to "provide a complete, fully effective solution to the problem it is designed to address" by omitting patronizers. The Governor urged the Legislature to "enact similar enhanced penalties for patronizing a prostitute within a school zone, in order to protect

our children." This bill amends the Penal Law (§ 230.08 and § 230.19) consistent with the Governor's recommendation.

Holding livery and limousine drivers accountable. Livery and limousine drivers, many unlicensed, have become central players in the trafficking of human beings. This growing phenomenon was the focus of a joint hearing of the New York City Council's Women's Issues and Public Safety Committees last fall. Amending the Penal Law to include the use of a vehicle for the purpose of advancing prostitution to constitute the offense of permitting prostitution under Penal Law 230.40, and to include engaging in a business or enter rise that consists of the transporting of persons for the purposes of prostitution to constitute the crime of promoting prostitution in the third degree under Penal Law § 230.25, will better ensure that livery and limousine drivers will be prosecuted for their crimes.

Eliminating the stigma inherent in the Penal Law. The use of the term "prostitute" in the Penal raw unnecessarily stigmatizes a large group of criminal defendants, many of whom are sex trafficking victims. The use of the term "prostitute" is the only instance in the Penal Law where an individual is identified by the crime he or she allegedly commits; nowhere else does the Penal Law designate the criminal defendant by the crime. For example, a criminal defendant is not referred to as a "murderer," "robber," or "burglar." Given the fact that the vast majority of the persons designated as "prostitutes" are women, the use of the word "prostitute" reflects and contributes to gender bias. To eliminate the stigma and bias, the bill replaces all references in the Penal Law to "prostitute" with the phrase "Person for prostitution."

Better utilization of investigatory tools. The bill enhances the development of evidence-based cases against pimps and traffickers by amending the Criminal Procedure Law §700.05) to allow law enforcement to obtain judicial warrants to conduct eavesdropping and video surveillance where there is reasonable cause that the suspect manages, supervises, controls or owns a house of prostitution, or prostitutes minors or otherwise engages in activities that constitute promoting prostitution in the third degree under Penal Law § 230.25. Currently, law enforcement can obtain judicial warrants to intercept conversations in their investigations of traffickers only when they can establish coercion or that the victim is under 16. Without the ability to conduct surveillance of persons overtly promoting prostitution and the instruments used in furtherance of such promotion, law enforcement has long been stymied in ferreting out these perpetrators. With this amendment, we will facilitate the investigation of prostitution rings and, at the same time, identify and target human traffickers.

Finally, to address the increased use by traffickers of ecstasy to coerce and control their victims, the bill adds the drug ecstasy to the list of substances unlawfully provided to a person who is patronized with the intent to impair such person's judgment, constituting sex trafficking under Penal Law § 230.34.

LEGISLATIVE HISTORY:. Same as A.9804, 2012 referred to Codes. Similar to A.245A, 2012 and 2011 referred to Codes. Similar to A.602, 2010 and

2009 referred to Codes. Similar to A.10958, 2008 referred to Codes. Similar to S.7986 (Saland), 2008 passed Senate.

Fiscal implications

None.

Effective date

Effective on the ninetieth day after it shall have become law.