BILL NUMBER: S1352
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the penal law, in relation to certain prostitution
offenses and fines relating thereto; to amend the criminal procedure
law, in relation to motions to vacate judgment and motions for new
sentencing; to amend the education law, in relation to investigation
into acts alleged to be the unauthorized practice of massage therapy by
potential victims of human trafficking; to amend the civil practice law
and rules, the criminal procedure law and the executive law, in
relation to prohibiting possession of reproductive or sexual health
devices from being permitted in specified criminal or civil proceedings
as evidence of prostitution; to amend the executive law, in relation to
the maximum age at which a homeless youth can continue to receive shel-
ter services; to amend the executive law, in relation to human traffick-
ing and sexual exploitation awareness; to amend the county law, in
relation to duties of the sheriff; to amend the town law, in relation to
the duties of police officers and constables; to amend the social
services law, in relation to services for exploited individuals,
services for victims of human trafficking and the interagency task
force on human trafficking; to amend the state finance law, in
relation to establishing the victims of sexual exploitation fund; to
amend the administrative code of the city of New York, the criminal
procedure law, the family court act, the multiple dwelling law, the
public health law, the real property law, the real property actions and
proceedings law and the vehicle and traffic law, in relation to making
conforming changes; and to repeal section 230.00 of the penal law relat-
ing to prostitution, section 230.03 of the penal law relating to prosti-
tution in a school zone, section 230.07 relating to a defense against
patronizing a person for prostitution, and subdivision 4 of section
170.30 of the criminal procedure law relating to a motion to dismiss
information, simplified information, prosecutor's information or
misdemeanor complaint
 
PURPOSE:
To provide a nuanced and holistic approach to address the sex trade,
prostitution in particular; to decriminalize people in prostitution and
associated offenses; to discourage exploitation by increasing financial
penalties for pimps, traffickers, and sex buyers; to strengthen laws
against trafficking by stipulating that sex buyers can be charged with
"promoting prostitution" when they traffic people to themselves, and by
eliminating an "ignorance defense" afforded to those charged with
different degrees of buying sex from children; to advance criminal
justice reform by providing for vacatur and expungement of applicable
offenses, penalizing the misdemeanor crime of buying sex with mandatory
fines, and increasing law enforcement awareness of human trafficking and
sexual exploitation, as well as developing trauma-informed policies and
procedures to follow when state and local police officers encounter
individuals who are believed to be victims of human trafficking and
sexual exploitation; to empower people in and survivors of prostitution
by increasing access to housing, employment services, trauma-informed
medical care, and legal/immigration services; and to increase through
education recognition and empathy for the violence and trauma that many
people in prostitution experience, and empower trauma-informed responses
from the systems and agencies they encounter.
 
SUMMARY OF PROVISIONS:
Section 1: Establishes that this act shall be known as the Sex Trade
Survivors Justice and Equality Act.
Section 2: Amends section 230.01 of the Penal Law, "Prostitution; affir-
mative defense." Makes conforming changes as a result of sections 230.00
and 230.03 of the Penal Law being repealed under the provisions of this
bill.
Section 3: Amends section 230.02 of the Penal Law, "Patronizing a person
for prostitution; definitions," by adding a definition of "prostitu-
tion."
Section 4: Amends section 230.15 of the Penal Law, "Promoting prostitu-
tion; definitions of terms." Amends the definition of "advance prostitu-
tion" to stipulate that sex buyers can be charged with promoting prosti-
tution even if they are only trafficking people to themselves. Adds a
definition of "prostitution."
Section 5: Amends section 230.19 of the Penal Law, "Promoting prostitu-
tion in a school zone." Makes a conforming change as a result of section
230.03 of the Penal Law being repealed under the provisions of this.
bill. Adds a definition of "school zone."
Section 6: Amends section 230.35 of the Penal Law, "Promoting or compel-
ling prostitution; accomplice." Stipulates that a person, regardless of
their age, shall not be deemed an accomplice of promoting or compelling
prostitution when another person is alleged to have advanced or
attempted to advance, or profited or attempted to profit from their
prostitution activity.
Section 7: Amends section 80.05 of the Penal Law, "Fines for misdemea-
nors and violation." Stipulates that convicted offenders under section
230.04 of the Penal Law shall be sentenced fines pursuant to section
80.20 of this article.
Section 8: Adds a new section 80.20 to article 80 of the Penal Law enti-
tled "Imposition of fines in relation to certain violations of article
230." Establishes a mandatory fine for designated violations of article
230 of the Penal Law. Establishes that the fine for convicted offenders
of section 230.04 shall be income-based and on a sliding-scale, and the
fine for convicted offenders of higher class designated crimes shall be
income-based, on a sliding-scale, and based on the number of repeat
offenses. Establishes procedures for assessing the ability of convicted
offenders of section 230.04 and other designated article 230 offenses to
pay the fine. Includes provisions for establishing and making adjust-
ments to payment plans. Establishes that fines collected shall be
distributed to the Victims of Sexual Exploitation Fund. 50% of monies
deposited would be used by the Office of Victim Services to make grants
to victims of sexual exploitation who do not otherwise qualify for funds
from the Crime Victims Compensation Fund. The remaining 50% of monies
deposited would be allocated by the Interagency Task Force on Human
Trafficking to various jurisdictions and localities as appropriate to
develop, expand, or strengthen programs for victims of human trafficking
and sexual exploitation; to ensure prevention of human trafficking and
sexual exploitation, including increasing public awareness; and to
ensure protection of victims of human trafficking and sexual exploita-
tion, including training of first responders.
Section 9: Repeals section 230.00 of the Penal Law, "Prostitution."
Section 10: Repeals section 230.03 of the Penal Law, "Prostitution in a
school zone."
Section 11: Repeals section 230.07 of the Penal Law, "Patronizing a
person for prostitution; defense."
Section 12: Amends section 1.20 of the Criminal Procedure Law, "Defi-
nitions of terms of general use in this chapter," to add a definition of
"vacatur."
Section 13: Adds a new section 440.46-b of the Criminal Procedure Law,
"Motion for resentence; persons convicted of certain prostitution
offenses." Establishes procedures for automatic expungement of prior
convictions, as well as petitioning for expungement of convictions for
offenses under sections 230.00, 230.03, and 240.37 of the Penal Law,
which are no longer offenses under the provisions of this bill and
through a recently enacted law.
Section 14: Amends section 6512 of the Education Law, "Unauthorized
practice a crime." Stipulates that in relation to Article 155, "Massage
Therapy," any investigation by the NYS Education Department into possi-
ble cases of unauthorized practice, shall consider whether the perceived
offense was a result of having been a victim of compelling prostitution
under section 230.33, a victim of sex trafficking under section 230.34,
or a victim of sex trafficking of a child under section 230.34-a of the
Penal Law. If there is suspicion that the person under investigation is
a victim of one or more such offenses, an immediate referral shall be
made to local service providers, as defined by the Safe Harbour for
Exploited Children Act or by the Office of Children and Family Services.
If the Education Department reports the matter to the Attorney General's
office for prosecution, the Department shall inform the Attorney Gener-
al's office of the suspicions and referral for services.
Section 15: Adds a new section 4519-b to the Civil Practice Law entitled
"Possession of reproductive or sexual health devices; receipt into
evidence." Stipulates that possession of a condom or other reproductive
or sexual health device may not be used as evidence in any trial, hear-
ing, or proceeding in relation to any allegation of a misdemeanor
offense pursuant to subdivision 1 of section 12 and article 10 of the
Multiple Dwelling Law, sections 12-A and 2320 of the Public Health Law,
section 231 of the Real Property Law, or subdivision 5 of section 711.00
and section 715.00 of the Real Property Actions and Proceedings Law, or
by any law, ordinance, or regulation for the purpose of establishing
evidence of conduct, and thereby constituting an offense under article
230 of the Penal Law. Defines reproductive or sexual health device.
Section 16: Amends section 60.47 of the Criminal Procedure Law. Amends
the section title to read "Possession of condoms or other reproductive
or sexual health device; receipt into evidence." Stipulates that
possession of one or more condoms or other reproductive or sexual health
devices may not be admitted at any trial, hearing, or other proceeding
in a prosecution for any misdemeanor offense defined in article 230 of
the Penal Law, in section 6512 of the Education Law, or any local or
municipal law, ordinance, or regulation for the purpose of establishing
probable cause for an arrest or proving any person's commission of such
offense. Defines reproductive or sexual health device.
Section 17: Amends section 532-d of the Executive Law, "Residential
transitional independent living support programs." Stipulates that a
homeless youth who entered a transitional independent living program
under the age of 24 can continue to receive shelter services until they
reach the age of 24.
Section 18: Amends section 214-d of the Executive Law. Amends the
section title to read, "Human trafficking and sexual exploitation aware-
ness." Requires the Superintendent of State Police to work with OCFS,
OTDA, and DCJS on: 1) Developing written policies, procedures, and
educational materials related to human trafficking and sexual exploita-
tion, which shall be maintained and disseminated to all members of the
state police; 2) Establishing and implementing trauma-informed written
policies and procedures for when a state police officer encounters a
possible victim of human trafficking or sexual exploitation, to include
provision of information and referral to appropriate social and legal
service providers; and 3) Establishing and implementing trauma-informed
written policies and procedures for when a member of the Division of
State Police encounters a victim of human trafficking or sexual exploi-
tation, to include provision of information and referral to appropriate
services. Establishes that the Superintendent of State Police and
Department Commissioners shall seek the recommendations of a broad range
of experts when developing these written policies, procedures, and
educational materials. Requires the Superintendent of State Police
to make all materials, trainings, and resources available to all
local law enforcement branches.
Section 19: Amends section 650 of the County Law, "General duties of
sheriff." Requires the sheriff of any county with more than 100,000
residents to: 1) Adopt, maintain, and disseminate the written policies
and educational materials on human trafficking and sexual exploitation,
to include services available for victims, and education on the traumat-
ic impact and emotional harm victims experience; 2) Establish and imple-
ment an ongoing training program for all current and new employees
regarding the policies and procedures established under this section;
and 3) Establish and implement trauma-informed written policies and
procedures for when a member of the police department encounters victims
of human trafficking and sexual exploitation, to include provision of
information and referral to appropriate services.
Section 20: Amends section 39 of the Town Law, "Powers and duties of
constables and town police officers." Requires the Chief Constable or
Police Officer of any town with greater than 100,000 residents to: 1)
Adopt, maintain, and disseminate written policies and educational mate-
rials on human trafficking and sexual exploitation, to include services
available for victims, and education on the traumatic impact and
emotional harm victims experience; 2) Establish and implement an ongoing
training program for all current and new employees regarding the poli-
cies and procedures established under this section; and 3) Establish and
implement trauma-informed written policies and procedures for when a
member of the police department encounters victims of human trafficking
and sexual exploitation, to include provision of information and refer-
ral to appropriate services.
Section 21: Amends section 841 of the Executive Law, "Functions, powers
and duties of the commissioner with respect to the council." Authorizes
the Commissioner of Criminal Justice Services to take such steps as
necessary to ensure that police and peace officers receive appropriate
instruction regarding the evidentiary prohibition set forth in section
60.47 of the Criminal Procedure Law and section 4519-b of the Civil
Practice Law relating to the use of condoms and other reproductive or
sexual health devices as evidence in certain misdemeanor trials, hear-
ings, or proceedings, or as a basis for probable cause for arrest.
Section 22: Amends section 447-a of the Social Services Law, "Defi-
nitions." Changes the defined term "sexually exploited child" to "sexu-
ally exploited individual," and changes the definition of "sexually
exploited individual" to include any person under the age of 24 at the
time of identification. Amends remaining subdivisions of section 447-a
to reflect these changes.
Section 23: Amends section 447-b of the Social Services Law, "Services
for exploited children." The section title is amended to read "Services
for exploited individuals." Remaining subdivisions of section 447-b are
amended to reflect this change.
Section 24: Amends section 483-aa of the Social Services Law, "Defi-
nitions." Modifies the definition of "human trafficking victim" to
include where a commercial sex act is induced by force, fraud, or coer-
cion, or in which the person induced to perform such act has not
attained 18 years of age, or as defined under section 12 of 22 U.S.
Code section 7102 - Sex Trafficking.
Section 25: Amends section 483-bb of the Social Services Law, "Services
for victims of human trafficking." Stipulates that the Office of Tempo-
rary and Disability Assistance shall coordinate with and assist law
enforcement agencies and district attorney's offices to access appropri-
ate services for human trafficking victims. Requires the Interagency
Task Force on Human Trafficking to conduct an annual review and evalu-
ation of services provided to human trafficking victims who fall outside
of the scope of the Safe Harbour Program, to ensure effective access and
utilization of services, and to address any issues.
Section 26: Amends section 483-ee of the Social Services Law, "Estab-
lishment of interagency task force on human trafficking." Establishes
that an effort shall be made to include on the Task Force: survivors of
human trafficking and sexual exploitation; service providers from
different state regions; and representatives of women's rights organiza-
tions, the lesbian gay bisexual transgender and queer populations, and
various ethnic demographics across the state. Stipulates that the Task
Force shall collect and organize data on the nature and extent of crimes
related to trafficking and sexual exploitation of persons in the state.
Requires the Task Force to ensure training programs on human trafficking
designed for law enforcement personnel and other listed entities are
occurring on an annual basis. Establishes that the Task Force shall work
with the New York State Education Department to create and implement
additional sexual education for students in secondary school that
includes information related to prostitution, its inherent violence, and
impact on individual and public health.
Section 27: Adds a new section 97-bbbb to the State Finance Law entitled
"Victims of sexual exploitation fund." Establishes the new fund and
details the source of revenue to be deposited into the fund. Stipulates
that monies deposited in the fund are to be made available for grants to
victims of sexual exploitation, and local assistance services and
expenses of programs to provide services to victims of human traffick-
ing.
Sections 28 - 42: Amend section 3-118 of the Administrative Code of the
City of New York; sections 170.30, 60.42, 170.80, 420.35, 720.15, and
720.35 of the Criminal Procedure Law; sections 305.2, 344.4, and 712 of
the Family Court Act; section 353 of the Multiple Dwelling Law; section
2324-a of the Public Health Law; sections 231 and 715 of the Real Prop-
erty Actions and Proceedings Law; and section 509-cc of the Vehicle and
Traffic Law to make conforming changes as a result of section 230.00 of
the Penal Law being repealed under the provisions of this bill.
Section 43: Provides a severability clause.
Section 44: Establishes the effective date. This act shall take effect
on the sixtieth day after it shall have become a law; provided that the
amendments to section 483-ee of the social services law made by section
twenty-six of this act shall not affect the repeal of such section and<