S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9306

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced  by  M. of A. PAULIN, MOSLEY, MILLER, CROUCH -- read once and
  referred to the Committee on Codes

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to the definition of designated offender

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7 of section  995  of  the  executive  law,  as
amended  by  chapter  19  of  the  laws  of  2012, is amended to read as
follows:
  7. "Designated offender"  means  a  person  convicted  of  any  felony
defined  in  any  chapter  of  the  laws of the state or any misdemeanor
defined in the penal law except: (A) that where the person is  convicted
under  section  221.10  of  the penal law, only a person convicted under
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously  convicted  of  any  crime  as
defined  in  subdivision  six  of section 10.00 of the penal law[.]; AND
(B)(I) A PERSON CONVICTED OF LOITERING FOR THE PURPOSE  OF  ENGAGING  IN
PROSTITUTION  UNDER  SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW,
(II) A PERSON CONVICTED OF PROSTITUTION  UNDER  SECTION  230.00  OF  THE
PENAL  LAW,  OR  (III)  A  PERSON  WHOSE PARTICIPATION IN THE OFFENSE IS
DETERMINED BY A COURT TO HAVE BEEN A RESULT OF HAVING BEEN A  VICTIM  OF
SEX  TRAFFICKING UNDER SECTION 230.34 OF THE PENAL LAW OR TRAFFICKING IN
PERSONS UNDER THE TRAFFICKING  VICTIMS  PROTECTION  ACT  (UNITED  STATES
CODE, TITLE 22, CHAPTER 78).
  S 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
amended  by  chapter  426  of  the  laws  of 2015, is amended to read as
follows:
  2. Under no circumstances shall the mandatory surcharge, sex  offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived  provided,  however,  that  a  court  may  waive the crime victim
assistance fee if such defendant is an  eligible  youth  as  defined  in
subdivision two of section 720.10 of this chapter, and the imposition of
such  fee  would  work an unreasonable hardship on the defendant, his or
her immediate family, or any other  person  who  is  dependent  on  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13928-02-6

A. 9306                             2

defendant  for  financial  support.  A  court  shall waive any mandatory
surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
the  defendant  is convicted of loitering for the purpose of engaging in
prostitution  under  SUBDIVISION  TWO OF section 240.37 of the penal law
[(provided that the defendant was not convicted  of  loitering  for  the
purpose  of  patronizing a person for prostitution)]; (ii) the defendant
is convicted of prostitution under section  230.00  of  the  penal  law;
(iii)  the  defendant  is  convicted  of  a  violation in the event such
conviction is in lieu of a plea to or conviction for loitering  for  the
purpose  of  engaging  in  prostitution under SUBDIVISION TWO OF section
240.37 of the penal law [(provided that the defendant was not alleged to
be loitering for the purpose of patronizing a person for  prostitution)]
or prostitution under section 230.00 of the penal law; or (iv) the court
finds  that  a  defendant  is  a victim of sex trafficking under section
230.34 of the penal law or a victim of trafficking in persons under  the
trafficking  victims protection act (United States Code, Title 22, Chap-
ter 78).
  S 3. This act shall take effect immediately.