S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  459--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. PAULIN, MOSLEY, M. G. MILLER, CROUCH, GOTTFRIED
   -- read once and referred to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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,  SEX  TRAFFICKING
 OF  A  CHILD  UNDER SECTION 230.34-A OF THE PENAL LAW, OR TRAFFICKING IN
 PERSONS UNDER THE TRAFFICKING  VICTIMS  PROTECTION  ACT  (UNITED  STATES
 CODE, TITLE 22, CHAPTER 78).
   § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended  by  chapter  189  of  the  laws  of 2018, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00613-02-9

 A. 459--A                           2
 
   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
 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, Chapter 78); or (v) the court finds that the defendant is  a  victim
 of sex trafficking of a child under section 230.34-a of the penal law.
   § 3. This act shall take effect immediately.