S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6040
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  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 shelter services; to amend the executive law,  in  relation
   to  human  trafficking 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 intera-
   gency   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  relating to prostitution, section 230.03 of the penal
   law relating to prostitution in a school zone, section 230.07 relating
   to a defense against patronizing a person for prostitution, and subdi-
   vision 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08899-07-1
              

 S. 6040                             2
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "sex trade
 survivors justice and equality act".
   § 2. Section 230.01 of the penal law, as amended by chapter 23 of  the
 laws of 2021, is amended to read as follows:
 § 230.01 Prostitution; affirmative defense.
   In  any  prosecution  under  [section 230.00, section 230.03,] section
 230.19, section 230.20, subdivision [2] TWO of section 230.25,  subdivi-
 sion  [2]  TWO of section 230.30 or section 230.34-a of this article, it
 is an affirmative defense that  the  defendant's  participation  in  the
 offense  was a result of having been a victim of compelling prostitution
 under section 230.33 of this article, a victim of sex trafficking  under
 section  230.34  of this article, a victim of sex trafficking of a child
 under section 230.34-a of this article or a  victim  of  trafficking  in
 persons  under  the  trafficking  victims  protection act (United States
 Code, Title 22, Chapter 78).
   § 3. Section 230.02 of the penal law, as amended  by  chapter  627  of
 laws  of 1978, the section heading and subdivision 1 as amended by chap-
 ter 368 of the laws of 2015, is amended to read as follows:
 § 230.02 Patronizing a person for prostitution; definitions.
   1. A person patronizes a person for prostitution when:
   (a) Pursuant to a prior understanding,  he  or  she  pays  a  fee,  OR
 ANYTHING  OF VALUE, to another person as compensation for such person or
 a third person having engaged in sexual conduct with him or her; or
   (b) He or she pays or agrees to pay a fee, OR ANYTHING  OF  VALUE,  to
 another person pursuant to an understanding that in return therefor such
 person  or a third person will engage in sexual conduct with him or her;
 or
   (c) He or she solicits or requests another person to engage in  sexual
 conduct with him or her in return for a fee, OR ANYTHING OF VALUE.
   2. As used in this article[,]:
   (A)  "person who is patronized" means the person with whom the defend-
 ant engaged in sexual conduct or was to have engaged in  sexual  conduct
 pursuant  to  the  understanding,  or  the  person  who was solicited or
 requested by the defendant to engage in sexual conduct;
   (B) "PROSTITUTION" MEANS THE ACT OF ENGAGING IN OR AGREEING TO  ENGAGE
 IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE OR ANYTHING OF
 VALUE THAT IS GIVEN OR RECEIVED BY A PERSON.
   §  4. Section 230.15 of the penal law, subdivisions 1 and 2 as amended
 by chapter 368 of the laws of 2015, is amended to read as follows:
 § 230.15 Promoting prostitution; definitions of terms.
   The following definitions are applicable to this article:
   1. "Advance prostitution."  A  person  "advances  prostitution"  when,
 acting  other than as a person in prostitution [or as a patron thereof],
 he or she knowingly causes or aids a person to commit or engage in pros-
 titution,  procures  or  solicits  patrons  for  prostitution,  provides
 persons  or  premises  for prostitution purposes, operates or assists in
 the operation of a house of prostitution or a  prostitution  enterprise,
 or engages in any other conduct designed to institute, aid or facilitate
 an act or enterprise of prostitution.
   2.  "Profit  from  prostitution." A person "profits from prostitution"
 when, acting other than as a person in  prostitution  receiving  compen-
 sation  for personally rendered prostitution services, he or she accepts
 or receives money or other property pursuant to an agreement  or  under-

 S. 6040                             3
 
 standing with any person whereby he or she participates or is to partic-
 ipate in the proceeds of prostitution activity.
   3.    "PROSTITUTION."   "PROSTITUTION" MEANS THE ACT OF ENGAGING IN OR
 AGREEING TO ENGAGE IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A
 FEE OR ANYTHING OF VALUE THAT IS GIVEN OR RECEIVED BY A PERSON.
   § 5. Section 230.19 of the penal law, as added by chapter 191  of  the
 laws  of  2011,  subdivision  1 as amended by chapter 368 of the laws of
 2015, is amended to read as follows:
 § 230.19 Promoting prostitution in a school zone.
   1. A person is guilty of promoting prostitution in a school zone when,
 being nineteen years old or  more,  he  or  she  knowingly  advances  or
 profits from prostitution that he or she knows or reasonably should know
 is or will be committed [in violation of section 230.03 of this article]
 in a school zone during the hours that school is in session.
   2.  For  purposes  of  this section, "school zone" [shall mean "school
 zone" as defined in subdivision two of section 230.03 of  this  article]
 MEANS  (A)  IN OR ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC PLAYING
 FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE  REAL  PROPERTY  BOUNDARY
 LINE  OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR
 HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY  PUBLIC  SIDEWALK,  STREET,
 PARKING LOT, PARK, PLAYGROUND OR PRIVATE LAND, LOCATED IMMEDIATELY ADJA-
 CENT TO THE BOUNDARY LINE OF SUCH SCHOOL.
   Promoting prostitution in a school zone is a class E felony.
   § 6. Section 230.35 of the penal law, as amended by chapter 368 of the
 laws of 2015, is amended to read as follows:
 § 230.35 Promoting or compelling prostitution; accomplice.
   In  a  prosecution  for promoting prostitution or compelling prostitu-
 tion, a person [less than eighteen 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.
   §  7.  Subdivision  1 of section 80.05 of the penal law, as amended by
 chapter 669 of the laws of 1984, is amended to read as follows:
   1. Class A misdemeanor. A sentence to pay a fine for a class A  misde-
 meanor  shall  be  a  sentence to pay an amount, fixed by the court, not
 exceeding one thousand  dollars,  provided,  however,  that  a  sentence
 imposed  for a violation of section 215.80 of this chapter may include a
 fine in an amount equivalent to double the value of the property  unlaw-
 fully  disposed of in the commission of the crime; PROVIDED HOWEVER THAT
 NO SENTENCE IMPOSED BY THIS SECTION SHALL BE IMPOSED ON  ANY  INDIVIDUAL
 SENTENCED UNDER SUBDIVISION ONE OF SECTION 80.20 OF THIS ARTICLE.
   § 8. The penal law is amended by adding a new section 80.20 to read as
 follows:
 § 80.20 IMPOSITION OF FINES IN RELATION TO CERTAIN VIOLATIONS OF ARTICLE
           230.
   1.  A PERSON WHOSE VIOLATION OF SECTION 230.04 OF THIS CHAPTER RESULTS
 IN A JUDICIAL DISPOSITION OTHER THAN ACQUITTAL, ADJOURNMENT  IN  CONTEM-
 PLATION  OF  DISMISSAL  OR DISMISSAL SHALL BE REQUIRED TO PAY A FINE, AS
 FIXED BY THE COURT BASED ON THE DEFENDANT'S  "NET  TAXABLE  INCOME,"  AS
 DEFINED  IN  SUBDIVISION FOUR OF THIS SECTION, WHICH SHALL BE DETERMINED
 BY THE COMPLETION OF A COMPULSORY FINANCIAL DISCLOSURE AT  THE  TIME  OF
 SENTENCING.    THE  FINE  SHALL  BE DISTRIBUTED TO THE VICTIMS OF SEXUAL
 EXPLOITATION FUND ESTABLISHED BY SECTION NINETY-SEVEN-BBBB OF THE  STATE
 FINANCE  LAW.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PENALTY
 IMPOSED UNDER THIS SECTION SHALL BE A SUBSTITUTE FOR ANY  FINES  IMPOSED
 UNDER SUBDIVISION ONE OF SECTION 80.05 OF THIS ARTICLE.

 S. 6040                             4
 
   2. AFTER THE COMPLETION OF A COMPULSORY FINANCIAL DISCLOSURE, IF IT IS
 DETERMINED  THAT  A  DEFENDANT IS IN A FINANCIAL POSITION TO PAY A FINE,
 SUCH DEFENDANT SHALL PAY A FINE CALCULATED AS PROVIDED IN THIS  SUBDIVI-
 SION.    EXCEPT FOR INDIVIDUALS WHO ARE DETERMINED TO BE UNABLE TO PAY A
 FINE, THE SCHEDULE OF FINES SHALL BE AS FOLLOWS:
    AMOUNT OF NET TAXABLE INCOME:             SCHEDULE OF FINES:
    (A) LESS THAN THIRTY THOUSAND             FIFTY DOLLARS
    DOLLARS
    (B) THIRTY THOUSAND DOLLARS OR            ONE HUNDRED DOLLARS
    MORE, BUT LESS THAN FIFTY
    THOUSAND DOLLARS
    (C) FIFTY THOUSAND DOLLARS OR             TWO HUNDRED DOLLARS
    MORE, BUT LESS THAN SEVENTY-FIVE
    THOUSAND DOLLARS
    (D) SEVENTY-FIVE THOUSAND DOLLARS         THREE HUNDRED DOLLARS
    OR MORE, BUT LESS THAN ONE HUNDRED
    THOUSAND DOLLARS
    (E) ONE HUNDRED THOUSAND DOLLARS OR       FIVE HUNDRED DOLLARS
    MORE, BUT LESS THAN ONE HUNDRED FIFTY
    THOUSAND DOLLARS
    (F) ONE HUNDRED FIFTY THOUSAND            SEVEN HUNDRED DOLLARS
    DOLLARS OR MORE, BUT LESS THAN TWO
    HUNDRED THOUSAND DOLLARS
    (G) GREATER THAN TWO HUNDRED              ONE THOUSAND DOLLARS
    THOUSAND DOLLARS
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  A  PERSON  WHOSE
 VIOLATION OF  ANY  OFFENSE  ENUMERATED  UNDER  SECTION  230.05,  230.06,
 230.19,  230.20,  230.25, 230.30, 230.32, 230.33, 230.34, OR 230.34-A OF
 THIS CHAPTER THAT RESULTS IN A JUDICIAL DISPOSITION OTHER  THAN  ACQUIT-
 TAL,  ADJOURNMENT IN CONTEMPLATION OF DISMISSAL OR DISMISSAL SHALL PAY A
 FINE THE SUM OF WHICH WILL BE CALCULATED AT THE TIME OF SENTENCING, ON A
 SLIDING SCALE, BASED ON THEIR NET TAXABLE INCOME, WHICH SHALL BE  DETER-
 MINED  BY  THE COMPLETION OF A COMPULSORY FINANCIAL DISCLOSURE. IF IT IS
 DETERMINED THAT SUCH DEFENDANT IS IN  A  FINANCIAL  POSITION  TO  PAY  A
 PRESCRIBED FINE, SUCH DEFENDANT SHALL PAY A FINE IN ONE OF THE FOLLOWING
 AMOUNTS TO THE COURT, TO BE DISTRIBUTED TO THE VICTIMS OF SEXUAL EXPLOI-
 TATION  FUND  ESTABLISHED  BY  SECTION  NINETY-SEVEN-BBBB  OF  THE STATE
 FINANCE LAW.
   (A) A PERSON CONVICTED OF A FIRST OFFENSE SHALL PAY A FINE OF NOT LESS
 THAN ONE THOUSAND DOLLARS AND NOT MORE THAN THE MAXIMUM AMOUNT  APPLICA-
 BLE UNDER SECTION 80.00 OF THIS ARTICLE.
   (B)  A  PERSON  CONVICTED  OF A SECOND OFFENSE SHALL PAY A FINE OF NOT
 LESS THAN FIVE THOUSAND  DOLLARS  NOR  MORE  THAN  TWENTY-FIVE  THOUSAND
 DOLLARS.
   (C)  A  PERSON  CONVICTED OF A THIRD OR SUBSEQUENT OFFENSE SHALL PAY A
 FINE OF NOT LESS THAN TEN THOUSAND DOLLARS NOR MORE THAN FIFTY  THOUSAND
 DOLLARS.
   4. (A) IF THE DEFENDANT IS ASSESSED A FINE OR FEE BY THE COURT BUT CAN
 PROVE  THEY WILL HAVE FINANCIAL DIFFICULTY PAYING THE AMOUNT IN ONE LUMP
 SUM AN INSTALLMENT PAYMENT PLAN MAY BE PROVIDED  AS  DESCRIBED  IN  THIS
 SUBDIVISION.  ANY SUCH INSTALLMENT PAYMENT PLAN SHALL INCLUDE ALL FINES,
 FEES AND MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT
 DO NOT EXCEED TWO PERCENT OF SUCH PERSON'S MONTHLY NET TAXABLE INCOME OR
 TEN  DOLLARS  PER  MONTH,  WHICHEVER IS GREATER. FOR THE PURPOSE OF THIS
 SUBDIVISION, THE TERM "NET TAXABLE INCOME" MEANS A PERSON'S TOTAL INCOME
 FROM ALL SOURCES AND ASSETS, MINUS DEDUCTIONS REQUIRED BY LAW  INCLUDING

 S. 6040                             5
 
 BUT NOT LIMITED TO  ADMINISTRATIVE  OR  COURT-ORDERED  GARNISHMENTS  AND
 SUPPORT    PAYMENTS.    A  COURT  OR  HEARING  OFFICER  MAY  REQUIRE THE
 SUBMISSION OF A FINANCIAL DISCLOSURE REPORT FROM ALL PERSONS WHO OPT  TO
 ENTER  INTO  INSTALLMENT  PAYMENT PLANS. A COURT OR HEARING OFFICER ALSO
 MAY ACCEPT PAYMENTS HIGHER THAN THE SET AMOUNT, BUT  MAY  NOT  UNDERTAKE
 ADDITIONAL  COLLECTION  ACTIVITY  SO LONG AS THE PERSON MEETS HIS OR HER
 OBLIGATIONS UNDER THE INSTALLMENT PAYMENT PLAN.    A  COURT  OR  HEARING
 OFFICER  MAY  REQUIRE  A  PERSON  ENTERING  INSTALLMENT PAYMENT PLANS TO
 APPEAR PERIODICALLY BEFORE SUCH COURT OR HEARING OFFICER,  BUT  NO  MORE
 FREQUENTLY  THAN ANNUALLY, TO ASSESS HIS OR HER FINANCIAL CIRCUMSTANCES,
 AND MAY SET A NEW PAYMENT AMOUNT  IF  SUCH  PERSON'S  FINANCIAL  CIRCUM-
 STANCES  HAVE CHANGED.   A PERSON WHO ENTERS INTO AN INSTALLMENT PAYMENT
 PLAN AND EXPERIENCES A REDUCTION IN NET TAXABLE INCOME MAY PETITION  THE
 COURT  OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN THE MONTHLY
 PAYMENT.
   (B)  THE COURT OR HEARING OFFICER SHALL HAVE  THE  DISCRETION  IN  THE
 INTERESTS  OF  JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE, FEE OR
 MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF
 THIS CHAPTER.
   5. FINES COLLECTED UNDER THIS ARTICLE  SHALL  BE  DEPOSITED  INTO  THE
 VICTIMS  OF SEXUAL EXPLOITATION FUND CREATED BY SECTION NINETY-SEVEN-BBB
 OF THE STATE FINANCE LAW AND DISTRIBUTED IN THE FOLLOWING MANNER:
   (A) SUBJECT TO THE AVAILABILITY  OF  FUNDS,  FIFTY  PERCENT  SHALL  BE
 DISTRIBUTED  BY  THE OFFICE OF VICTIM SERVICES TO MAKE GRANTS TO VICTIMS
 OF SEXUAL EXPLOITATION FUND CREATED BY SECTION NINETY-SEVEN-BBBB OF  THE
 STATE  FINANCE LAW.  SUBJECT TO THE AVAILABILITY OF FUNDS, THE OFFICE OF
 VICTIM SERVICES SHALL MAKE GRANTS TO VICTIMS OF SEXUAL EXPLOITATION  AND
 SEX  TRAFFICKING  WHO  DO NOT OTHERWISE QUALIFY FOR FUNDS FROM THE CRIME
 VICTIMS COMPENSATION FUND.  SUCH AVAILABLE FUNDS MAY BE USED  TO  REMEDY
 PERSONAL  INJURY, LOSS OF ESSENTIAL PERSONAL PROPERTY, MEDICAL AND COUN-
 SELING SERVICES, LOST WAGES, SAVINGS, OR LOST  SUPPORT,  TRANSPORTATION,
 OCCUPATIONAL/VOCATIONAL  REHABILITATION,  USE OF SHELTERS BY VICTIMS AND
 THEIR CHILDREN, HOUSING AND  MOVING  EXPENSES  AND  OTHER  COSTS  AND/OR
 EXPENSES AS THE TASK FORCE DEEMS APPROPRIATE.
   (B)  THE  REMAINING  FIFTY PERCENT OF SUCH FUNDS SHALL BE ALLOCATED TO
 VARIOUS JURISDICTIONS AND LOCALITIES AS THE INTERAGENCY  TASK  FORCE  ON
 HUMAN TRAFFICKING DEEMS APPROPRIATE IN ORDER TO:
   (1)  DEVELOP, EXPAND OR STRENGTHEN PROGRAMS FOR VICTIMS OF HUMAN TRAF-
 FICKING AND SEXUAL EXPLOITATION, INCLUDING:
   (I) HEALTH SERVICES, INCLUDING MENTAL HEALTH SERVICES;
   (II) TEMPORARY AND PERMANENT HOUSING PLACEMENT;
   (III) LEGAL AND IMMIGRATION SERVICES;
   (IV) EMPLOYMENT PLACEMENT, EDUCATION AND TRAINING; AND
   (V) SAFE HARBOUR PROGRAMS FOR SEXUALLY EXPLOITED CHILDREN;
   (2) ENSURE PREVENTION OF HUMAN TRAFFICKING  AND  SEXUAL  EXPLOITATION,
 INCLUDING INCREASING PUBLIC AWARENESS; AND/OR
   (3)  ENSURE  PROTECTION  OF  VICTIMS  OF  HUMAN TRAFFICKING AND SEXUAL
 EXPLOITATION, INCLUDING TRAINING OF FIRST RESPONDERS.
   § 9. Section 230.00 of the penal law is REPEALED.
   § 10. Section 230.03 of the penal law is REPEALED.
   § 11. Section 230.07 of the penal law is REPEALED.
   § 12. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
 procedure law, as amended by section 3 of part OO of chapter 55  of  the
 laws of 2019, subparagraph (ii) as amended by chapter 131 of the laws of
 2019, is amended to read as follows:

 S. 6040                             6
 
   (i) The judgment is a conviction where [the arresting charge was under
 section  240.37 (loitering for the purpose of engaging in a prostitution
 offense, provided that the defendant was not alleged to be loitering for
 the purpose of patronizing a person for prostitution or promoting  pros-
 titution)  or  230.00 (prostitution) or 230.03 (prostitution in a school
 zone) of the penal  law,  and]  the  defendant's  participation  in  the
 offense  was  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,  labor trafficking under section
 135.35 of the penal law,  aggravated  labor  trafficking  under  section
 135.37 of the penal law, compelling prostitution under section 230.33 of
 the  penal  law, or trafficking in persons under the Trafficking Victims
 Protection Act (United States Code, title 22, chapter 78); provided that
   (i) a motion under this paragraph shall be made  with  due  diligence,
 after  the  defendant  has  ceased to be a victim of such trafficking or
 compelling prostitution crime or has sought services for victims of such
 trafficking or compelling  prostitution  crime,  subject  to  reasonable
 concerns  for the safety of the defendant, family members of the defend-
 ant, or other victims of such  trafficking  or  compelling  prostitution
 crime  that  may  be  jeopardized by the bringing of such motion, or for
 other reasons consistent with the purpose of this paragraph; [and]
   (ii) official documentation of the defendant's status as a  victim  of
 trafficking, LABOR TRAFFICKING, AGGRAVATED LABOR TRAFFICKING, compelling
 prostitution or trafficking in persons at the time of the offense from a
 federal,  state  or  local  government agency shall create a presumption
 that the defendant's participation in the offense was a result of having
 been a victim of sex trafficking, LABOR  TRAFFICKING,  AGGRAVATED  LABOR
 TRAFFICKING,  compelling  prostitution  or  trafficking  in persons, but
 shall not be required for granting a motion under this paragraph;
   (III) A MOTION UNDER THIS PARAGRAPH,  AND  ALL  PERTINENT  PAPERS  AND
 DOCUMENTS,  SHALL  BE  CONFIDENTIAL AND MAY NOT BE MADE AVAILABLE TO ANY
 PERSON OR PUBLIC OR PRIVATE AGENCY EXCEPT WHERE SPECIFICALLY  AUTHORIZED
 BY THE COURT; AND
   (IV) THE GRANTING OF A MOTION UNDER THIS PARAGRAPH SHALL BE DETERMINED
 BY  THE  COURT IN CONSIDERATION OF THE CIRCUMSTANCES AND THE INTEREST OF
 JUSTICE; OR
   § 13. Section 1.20 of the criminal procedure law is amended by  adding
 a new subdivision 46 to read as follows:
   46. "VACATUR" OF CONVICTIONS UNDER PARAGRAPH (I) OF SUBDIVISION ONE OF
 SECTION  440.10  OF  THIS  CHAPTER  MEANS,  TO  DISMISS THE JUDGMENT, TO
 DISMISS THE ACCUSATORY INSTRUMENT, AND MARK ALL RECORDS AS VACATED BASED
 ON THE MERITS. THE COURT SHALL MAKE A COPY OF ALL OFFICIAL  RECORDS  AND
 PAPERS AVAILABLE TO THE DEFENDANT.
   §  14.  The  criminal procedure law is amended by adding a new section
 440.46-a to read as follows:
 § 440.46-A MOTION FOR RESENTENCE; PERSONS CONVICTED OF CERTAIN PROSTITU-
             TION OFFENSES.
   1. WHEN A PERSON HAS BEEN CONVICTED, WHETHER BY TRIAL VERDICT OR GUIL-
 TY PLEA, UNDER FORMER SECTION 230.00, 230.03 OR 240.37 OF THE PENAL LAW,
 THEN THE CHIEF ADMINISTRATIVE JUDGE OF THE STATE OF NEW YORK  SHALL,  IN
 ACCORDANCE  WITH THIS SECTION, AUTOMATICALLY VACATE, DISMISS AND EXPUNGE
 SUCH CONVICTION IN ACCORDANCE WITH SECTION 160.50 OF THIS  CHAPTER,  AND
 THE  OFFICE  OF  COURT ADMINISTRATION SHALL IMMEDIATELY NOTIFY THE STATE
 DIVISION OF CRIMINAL JUSTICE SERVICES, STATE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION AND THE APPROPRIATE LOCAL CORRECTIONAL FACILI-
 TY  WHICH  SHALL  IMMEDIATELY  EFFECTUATE  THE  APPROPRIATE RELIEF. SUCH

 S. 6040                             7
 
 NOTIFICATION TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL  ALSO
 DIRECT  THAT  SUCH AGENCY NOTIFY ALL RELEVANT POLICE AND LAW ENFORCEMENT
 AGENCIES OF THEIR DUTY TO DESTROY AND/OR MARK RECORDS  RELATED  TO  SUCH
 CASE  IN ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER. NOTHING IN THIS
 SECTION SHALL PREVENT A PERSON WHO  BELIEVES  HIS  OR  HER  SENTENCE  IS
 REQUIRED  BY  THIS SECTION TO BE VACATED, DISMISSED AND/OR EXPUNGED FROM
 FILING A PETITION WITH THE COURT TO EFFECTUATE ALL APPROPRIATE RELIEF.
   2. (A) WHEN A PERSON HAS BEEN CONVICTED  IN  THIS  STATE,  WHETHER  BY
 TRIAL  VERDICT  OR  GUILTY  PLEA, UNDER FORMER SECTION 230.00, 230.03 OR
 240.37 OF THE PENAL LAW, THEN SUCH PERSON  MAY  PETITION  THE  COURT  OF
 CONVICTION PURSUANT TO THIS ARTICLE FOR VACATUR OF SUCH CONVICTION.
   (B)  UPON  RECEIVING  A SERVED AND FILED MOTION UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION, THE COURT  SHALL  PRESUME  THE  MOVANT  SATISFIES  THE
 CRITERIA IN SUCH PARAGRAPH (A) AND SHALL GRANT THE MOTION TO VACATE SUCH
 CONVICTION  UNLESS  THE  PARTY  OPPOSING THE MOTION PROVES, BY CLEAR AND
 CONVINCING EVIDENCE, THAT THE MOVANT DOES NOT SATISFY THE  CRITERIA.  IF
 THE  MOVANT  SATISFIES THE CRITERIA, THE COURT SHALL GRANT THE MOTION TO
 VACATE THE CONVICTION IF: (I) THE CONVICTION WAS BY PLEA OF  GUILTY,  ON
 GROUNDS  THAT SUCH PLEA WAS NOT KNOWING, VOLUNTARY AND INTELLIGENT OWING
 TO ONGOING CONSEQUENCES; AND (II)  THE  CONVICTION  WAS  BY  VERDICT  OR
 OTHERWISE,  ON  GROUNDS  THAT  SUCH  CONVICTION AND SENTENCE CONSTITUTES
 CRUEL AND UNUSUAL PUNISHMENT UNDER THE STATE CONSTITUTION OWING TO  SUCH
 ONGOING  CONSEQUENCES;  AND  MAY,  IF THE PETITION MEETS THE CRITERIA IN
 SUBPARAGRAPH (I) OF THIS  PARAGRAPH,  AFTER  AFFORDING  THE  PARTIES  AN
 OPPORTUNITY  TO  BE HEARD AND PRESENT EVIDENCE, SUBSTITUTE, UNLESS IT IS
 NOT IN THE INTERESTS OF JUSTICE TO DO SO, A CONVICTION FOR AN  APPROPRI-
 ATE LESSER OFFENSE UNDER ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW.
   (C)  IN  THE  EVENT  OF  ANY VACATUR PURSUANT TO THIS SUBDIVISION, THE
 OFFICE OF COURT ADMINISTRATION SHALL IMMEDIATELY NOTIFY THE STATE  DIVI-
 SION  OF  CRIMINAL  JUSTICE SERVICES CONCERNING SUCH DETERMINATION. SUCH
 NOTIFICATION TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL  ALSO
 DIRECT  THAT  SUCH AGENCY NOTIFY ALL RELEVANT POLICE AND LAW ENFORCEMENT
 AGENCIES OF THEIR DUTY TO DESTROY AND/OR MARK RECORDS  RELATED  TO  SUCH
 CASE  IN ACCORDANCE WITH SECTION 160.50 OF THIS CHAPTER, AND UPDATE SUCH
 AGENCIES' RECORDS ACCORDINGLY.
   3. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE  ALL  NECES-
 SARY  RULES  AND MAKE AVAILABLE ALL NECESSARY FORMS TO ENABLE THE FILING
 OF THE PETITIONS AND APPLICATIONS PROVIDED IN THIS SECTION NO LATER THAN
 SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.  ALL  SENTENCES
 ELIGIBLE  FOR  AUTOMATIC  VACATUR, DISMISSAL AND EXPUNGEMENT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION SHALL BE  IDENTIFIED  AND  THE  REQUIRED
 ENTITIES NOTIFIED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   §  15.  Section  6512  of the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. IF THE DEPARTMENT CONDUCTS AN INVESTIGATION INTO ACTS ALLEGED TO BE
 THE UNAUTHORIZED PRACTICE OF MASSAGE THERAPY UNDER ARTICLE  ONE  HUNDRED
 FIFTY-FIVE OF THIS CHAPTER, THE DEPARTMENT SHALL CONSIDER WHETHER OR NOT
 THE  INDIVIDUAL  WHO  ALLEGEDLY COMMITTED THE ACTS DID SO AS A RESULT OF
 HAVING BEEN A VICTIM OF COMPELLING PROSTITUTION UNDER SECTION 230.33, OF
 SEX TRAFFICKING UNDER SECTION 230.34 OR OF SEX TRAFFICKING  OF  A  CHILD
 UNDER  SECTION  230.34-A OF THE PENAL LAW. IN THE EVENT THAT THE DEPART-
 MENT SUSPECTS THAT SUCH INDIVIDUAL HAS BEEN THE VICTIM OF  ONE  OR  MORE
 SUCH  OFFENSES,  THE  DEPARTMENT SHALL MAKE AN IMMEDIATE REFERRAL OF THE
 MATTER 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 DEPARTMENT SUBSEQUENTLY REPORTS THE MATTER TO THE ATTORNEY GENER-

 S. 6040                             8
 
 AL  WITH  A  REQUEST  FOR  PROSECUTION,  THE DEPARTMENT SHALL INFORM THE
 ATTORNEY GENERAL OF SUCH SUSPICIONS AND REFERRAL.
   §  16.  The  civil  practice  law and rules is amended by adding a new
 section 4519-a to read as follows:
   § 4519-A. POSSESSION OF REPRODUCTIVE OR SEXUAL HEALTH DEVICES; RECEIPT
 INTO EVIDENCE. 1. EVIDENCE THAT A PERSON WAS IN POSSESSION OF  A  CONDOM
 OR  OTHER  REPRODUCTIVE  OR  SEXUAL HEALTH DEVICE MAY NOT BE RECEIVED IN
 EVIDENCE IN ANY TRIAL, HEARING OR PROCEEDING IN RELATION TO ANY  ALLEGA-
 TION  OF  A  MISDEMEANOR  OFFENSE PURSUANT TO SUBDIVISION ONE OF SECTION
 TWELVE AND ARTICLE TEN OF THE MULTIPLE DWELLING LAW,  SECTIONS  TWELVE-A
 AND  TWENTY-THREE  HUNDRED  TWENTY OF THE PUBLIC HEALTH LAW, SECTION TWO
 HUNDRED THIRTY-ONE OF THE REAL  PROPERTY  LAW  OR  SUBDIVISION  FIVE  OF
 SECTION  SEVEN  HUNDRED  ELEVEN AND SECTION SEVEN HUNDRED FIFTEEN OF THE
 REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, OR BY ANY LAW, LOCAL  LAW  OR
 ORDINANCE  OF  A  MUNICIPALITY OR POLITICAL SUBDIVISION OF THE STATE, OR
 ANY WORD,  RULE,  OR  REGULATION  OF  ANY  GOVERNMENTAL  INSTRUMENTALITY
 AUTHORIZED  BY  LAW TO ADOPT THE SAME AS EVIDENCE OF CONDUCT WHICH WOULD
 CONSTITUTE AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THE PENAL
 LAW.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE, BUT SHALL NOT
 BE LIMITED TO, ANY CONTRACEPTIVE OR OTHER TOOL USED TO PREVENT  UNWANTED
 PREGNANCY  OR  THE  TRANSMISSION  OF  HIV  OR OTHER SEXUALLY TRANSMITTED
 DISEASES, INCLUDING BUT NOT LIMITED TO  MALE  CONDOMS,  FEMALE  CONDOMS,
 LUBRICANTS,  PRE-EXPOSURE  PROPHYLAXIS (PREP), POST-EXPOSURE PROPHYLAXIS
 (PEP), HIV ANTI-RETROVIRAL  MEDICATION,  SPERMICIDE,  HORMONAL  METHODS,
 EMERGENCY CONTRACEPTION, DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   § 17. Section 60.47 of the criminal procedure law, as amended by chap-
 ter 23 of the laws of 2021, is amended to read as follows:
 § 60.47 Possession  of  condoms  OR  OTHER REPRODUCTIVE OR SEXUAL HEALTH
            DEVICE; receipt into evidence FOR ALLEGATIONS OF  MISDEMEANOR
            OFFENSES.
   1.  Evidence that a person was in possession of one or more condoms OR
 OTHER  REPRODUCTIVE  OR  SEXUAL HEALTH DEVICE may not be admitted at any
 trial, hearing, or  other  proceeding  in  a  prosecution  for  [section
 230.00] ANY MISDEMEANOR OFFENSE, OR AN ATTEMPT TO COMMIT ANY MISDEMEANOR
 OFFENSE,  DEFINED  IN ARTICLE  TWO  HUNDRED  THIRTY of the penal law, OR
 SECTION SIXTY-FIVE HUNDRED TWELVE OF THE  EDUCATION  LAW,  OR  ANY  LAW,
 LOCAL  LAW  OR  ORDINANCE  OF A MUNICIPALITY OR POLITICAL SUBDIVISION OF
 STATE,  OR  ANY WORD,  RULE OR REGULATION OF ANY GOVERNMENTAL INSTRUMEN-
 TALITY AUTHORIZED BY LAW TO ADOPT THE SAME, for the  purpose  of  estab-
 lishing  probable cause for an arrest or proving any person's commission
 or attempted commission of such offense.
   2. "REPRODUCTIVE OR SEXUAL HEALTH DEVICE" SHALL INCLUDE, BUT SHALL NOT
 BE LIMITED TO, ANY CONTRACEPTIVE OR OTHER TOOL USED TO PREVENT  UNWANTED
 PREGNANCY  OR  THE  TRANSMISSION  OF  HIV  OR OTHER SEXUALLY TRANSMITTED
 DISEASES, INCLUDING BUT NOT LIMITED TO  MALE  CONDOMS,  FEMALE  CONDOMS,
 LUBRICANTS,  PRE-EXPOSURE  PROPHYLAXIS (PREP), POST-EXPOSURE PROPHYLAXIS
 (PEP), HIV ANTI-RETROVIRAL  MEDICATION,  SPERMICIDE,  HORMONAL  METHODS,
 EMERGENCY CONTRACEPTION, DIAPHRAGM, CERVICAL CAP, OR SPONGE.
   § 18. Paragraph (c) of subdivision 1 of section 532-d of the executive
 law,  as  amended  by  section  5 of part M of chapter 56 of the laws of
 2017, is amended to read as follows:
   (c) A homeless youth who entered  a  transitional  independent  living
 program  under  the  age  of  [twenty-one]  TWENTY-FOUR  may continue to
 receive shelter services in such program beyond  the  applicable  period
 authorized by paragraph (b) of this subdivision, if the municipality has

 S. 6040                             9
 
 notified  the  office of children and family services in accordance with
 clause (iv) of subparagraph three of paragraph a of subdivision  two  of
 section four hundred twenty of this chapter;
   §  19.  Section 214-d of the executive law, as added by chapter 368 of
 the laws of 2015, is amended to read as follows:
   § 214-d. Human trafficking  AND  SEXUAL  EXPLOITATION  awareness.  The
 superintendent,  in  consultation with the office of temporary and disa-
 bility assistance, THE OFFICE OF CHILDREN AND FAMILY SERVICES,  and  the
 division of criminal justice services, shall:
   [(1)]  1.  (A) develop, maintain and disseminate to all members of the
 state police, including new  and  veteran  officers,  written  policies,
 procedures  and  educational materials relating to human trafficking AND
 SEXUALLY EXPLOITED victims, including BUT NOT LIMITED TO,  (I)  services
 available  for  victims  of human trafficking AND SERVICES AVAILABLE FOR
 VICTIMS OF SEXUAL EXPLOITATION, as referenced in  section  four  hundred
 eighty-three-bb  of  the  social  services law, AND TITLE EIGHT-A OF THE
 SOCIAL SERVICES LAW; AND (II) EDUCATION ON THE IMPACT OF THE TRAUMA  AND
 EMOTIONAL  HARM  EXPERIENCED  BY VICTIMS OF HUMAN TRAFFICKING AND SEXUAL
 EXPLOITATION; and
   [(2)] (B) establish and implement TRAUMA INFORMED  written  procedures
 and  policies  in  the  event  a  member of the division of state police
 encounters an individual believed to be a victim of  human  trafficking,
 OR VICTIM OF SEXUAL EXPLOITATION which shall include, but not be limited
 to,  the  provision  of  information  and/or  referral to an appropriate
 provider of social and legal services to human trafficking, OR  SEXUALLY
 EXPLOITED  victims[, in accordance with such section four hundred eight-
 y-three-bb]; AND
   (C) ESTABLISH AND IMPLEMENT TRAUMA  INFORMED  WRITTEN  PROCEDURES  AND
 POLICIES IN THE EVENT  A MEMBER OF THE DIVISION OF STATE POLICE ENCOUNT-
 ERS SUCH VICTIM, INCLUDING  THE PROVISION OF INFORMATION AND REFERRAL TO
 THE APPROPRIATE SERVICES.
   2.  IN  THE DEVELOPMENT OF SUCH PROGRAM, THE COMMISSIONERS, AND SUPER-
 INTENDENT OF STATE POLICE SHALL SEEK  THE  RECOMMENDATIONS  OF  A  BROAD
 RANGE  OF  EXPERTS  SUCH  AS  SOCIAL  SERVICE  PROVIDERS,  CERTIFIED AND
 LICENSED SOCIAL WORKERS, OTHERS  WITH  EDUCATIONAL  EXPERTISE  IN  HUMAN
 TRAFFICKING,  SEXUAL  EXPLOITATION,  INTIMATE  PARTNER  VIOLENCE, SEXUAL
 ASSAULT, REPRODUCTIVE AND SEXUAL HEALTH CARE, AND SERVING LESBIAN,  GAY,
 BISEXUAL, TRANSGENDER AND QUESTIONING INDIVIDUALS.
   3.  THE  SUPERINTENDENT SHALL MAKE AVAILABLE TO ALL LOCAL LAW ENFORCE-
 MENT ALL MATERIALS, TRAININGS, AND RESOURCES DEVELOPED PURSUANT TO  THIS
 CHAPTER.
   §  20. Section 650 of the county law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. THE SHERIFF, IN ANY COUNTY WITH GREATER THAN ONE  HUNDRED  THOUSAND
 RESIDENTS ACCORDING TO THE MOST RECENT CENSUS, SHALL, FOR ALL MEMBERS OF
 THE DEPARTMENT:
   (A) ADOPT, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES, AND EDUCATIONAL
 MATERIALS,  REGARDING HUMAN TRAFFICKING AND SEXUAL EXPLOITATION, INCLUD-
 ING, BUT NOT LIMITED TO: (I)  SERVICES AVAILABLE FOR  VICTIMS  OF  HUMAN
 TRAFFICKING  OR SEXUAL EXPLOITATION; AND (II) EDUCATION ON THE IMPACT OF
 THE TRAUMA AND EMOTIONAL HARM EXPERIENCED BY VICTIMS OF HUMAN  TRAFFICK-
 ING AND SEXUAL  EXPLOITATION;
   (B)  ESTABLISH,  AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM
 FOR ALL  CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES
 ESTABLISHED PURSUANT TO THIS SECTION; AND

 S. 6040                            10
 
   (C) ESTABLISH AND IMPLEMENT TRAUMA INFORMED WRITTEN    PROCEDURES  AND
 POLICIES IN THE EVENT A MEMBER OF THE POLICE DEPARTMENT  ENCOUNTERS SUCH
 VICTIM,  INCLUDING  THE  PROVISION  OF  INFORMATION  AND REFERRAL TO THE
 APPROPRIATE SERVICES.
   §  21.  Section  39  of the town law, as amended by chapter 476 of the
 laws of 2018, is amended to read as follows:
   § 39. Powers and duties of constables and town police  officers.    1.
 Constables and town police officers shall have all the power and author-
 ity  conferred upon constables by the general laws of the state and such
 additional powers, not inconsistent with law, as shall be conferred upon
 them by the town board. They shall be subject to the  general  authority
 and  direction  of  the town board and to such orders and regulations as
 the town board may prescribe, not inconsistent with law.
   2. THE CHIEF CONSTABLE OR POLICE OFFICER, IN  ANY  TOWN  WITH  GREATER
 THAN ONE HUNDRED THOUSAND RESIDENTS ACCORDING TO THE MOST RECENT CENSUS,
 SHALL, FOR ALL MEMBERS OF THE DEPARTMENT:
   (A) ADOPT, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES, AND EDUCATIONAL
 MATERIALS,  REGARDING HUMAN TRAFFICKING AND SEXUAL EXPLOITATION, INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) SERVICES AVAILABLE FOR VICTIMS  OF  HUMAN  TRAFFICKING  OR  SEXUAL
 EXPLOITATION; AND
   (II)  EDUCATION ON THE IMPACT OF THE TRAUMA AND EMOTIONAL HARM EXPERI-
 ENCED BY VICTIMS OF HUMAN TRAFFICKING AND SEXUAL EXPLOITATION;
   (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A  TRAINING  PROGRAM
 FOR  ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES
 ESTABLISHED PURSUANT TO THIS SECTION; AND
   (C) ESTABLISH AND IMPLEMENT TRAUMA  INFORMED  WRITTEN  PROCEDURES  AND
 POLICIES IN THE EVENT A MEMBER OF THE POLICE DEPARTMENT  ENCOUNTERS SUCH
 VICTIM,  INCLUDING  THE  PROVISION  OF  INFORMATION  AND REFERRAL TO THE
 APPROPRIATE SERVICES.
   § 22. Section 841 of the executive law is  amended  by  adding  a  new
 subdivision 7-b to read as follows:
   7-B.  TAKE  SUCH  STEPS  AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
 OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION  THREE  OF
 THIS  SECTION  RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
 PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW AND
 SECTION FORTY-FIVE HUNDRED NINETEEN-A OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES  RELATING  TO  THE USE OF CONDOMS AND OTHER REPRODUCTIVE OR SEXUAL
 HEALTH DEVICES AS EVIDENCE IN CERTAIN MISDEMEANOR  TRIALS,  HEARINGS  OR
 PROCEEDINGS, OR AS A BASIS FOR PROBABLE CAUSE FOR ARREST, INCLUDING THAT
 UNAUTHORIZED  SEIZURE  OR CONFISCATION OF CONDOMS AND OTHER REPRODUCTIVE
 OR SEXUAL HEALTH DEVICES AS A BREACH OF PUBLIC POLICY;
   § 23. Section 447-a of the social services law, as  added  by  chapter
 569  of the laws of 2008, subdivision 1 as amended by chapter 189 of the
 laws of 2018, paragraphs (c) and (d) of  subdivision  1  as  amended  by
 chapter 23 of the laws of 2021, subdivision 2 as amended by section 8 of
 part  M  of  chapter 56 of the laws of 2017, and subdivisions 4 and 5 as
 amended by section 1 of part G of chapter 58 of the  laws  of  2010,  is
 amended to read as follows:
   § 447-a. Definitions. As used in this title:
   1.  The  term "sexually exploited [child] INDIVIDUAL" means any person
 under the age of [eighteen] TWENTY-FOUR AT THE  TIME  OF  IDENTIFICATION
 who has been subject to sexual exploitation because he or she:
   (a)  is  the  victim  of  the  crime  of sex trafficking as defined in
 section 230.34 of the penal law or the crime of sex  trafficking  of  [a
 child] AN INDIVIDUAL as defined in section 230.34-a of the penal law; OR

 S. 6040                            11
 
   (b) [engages in any act as defined in section 230.00 of the penal law;
   (c)] is a victim of the crime of compelling prostitution as defined in
 section 230.33 of the penal law[;
   (d)  engages  in  acts  or  conduct  described  in article two hundred
 sixty-three of the penal law].
   2. The term "short-term safe house" means a residential facility oper-
 ated by an authorized agency as defined in subdivision  ten  of  section
 three hundred seventy-one of this article including a residential facil-
 ity  operating  as  part of a runaway and homeless youth crisis services
 program as defined in subdivision four of section five  hundred  thirty-
 two-a of the executive law or a not-for-profit agency with experience in
 providing  services  to sexually exploited youth and approved in accord-
 ance with the regulations of the office of children and family  services
 that provides emergency shelter, services and care to sexually exploited
 [children]  INDIVIDUALS including food, shelter, clothing, medical care,
 counseling and appropriate crisis intervention services at the time they
 are taken into custody by law enforcement and for the  duration  of  any
 legal proceeding or proceedings in which they are either the complaining
 witness  or  the  subject  [child] INDIVIDUAL. The short-term safe house
 shall also be available at the point in time that [a child] AN  INDIVID-
 UAL  under  the  age  of  [eighteen] TWENTY-FOUR has first come into the
 custody of juvenile detention officials, law enforcement, local jails or
 the local commissioner of social services or is residing with the  local
 runaway and homeless youth authority.
   3.  The term "advocate" means an employee of the short-term safe house
 defined in subdivision two of this section that has been trained to work
 with and advocate for the needs of sexually exploited  [children]  INDI-
 VIDUALS.  The  advocate  shall  accompany  the [child] INDIVIDUAL to all
 court appearances and will serve as a  liaison  between  the  short-term
 safe house and the court.
   4.  The  term "safe house" means a residential facility operated by an
 authorized agency as defined in subdivision ten of section three hundred
 seventy-one of this article including a residential  facility  operating
 as part of an approved runaway program as defined in subdivision four of
 section five hundred thirty-two-a of the executive law or a not-for-pro-
 fit  agency  with experience in providing services to sexually exploited
 youth and approved in accordance with the regulations of the  office  of
 children   and  family  services  that  provides  shelter  for  sexually
 exploited [children] INDIVIDUALS.  In addition, a long-term  safe  house
 may  be operated by a transitional independent living support program as
 defined in subdivision six of section five hundred thirty-two-a  of  the
 executive  law. A safe house serving sexually exploited [children] INDI-
 VIDUALS as defined in this title shall provide  or  assist  in  securing
 necessary  services  for  such sexually exploited [children] INDIVIDUALS
 either through direct provision of services, or through  written  agree-
 ments  with  other  community  and  public agencies for the provision of
 services including but not limited to housing, assessment, case  manage-
 ment, medical care, legal, mental health and substance and alcohol abuse
 services. Where appropriate such safe house in accordance with a service
 plan  for  such  sexually  exploited [child] INDIVIDUAL may also provide
 counseling and therapeutic services, educational services including life
 skills services and planning services to successfully  transition  resi-
 dents  back to the community. Nothing in the provisions of this title or
 article nineteen-H of the executive law shall prevent [a child] AN INDI-
 VIDUAL who is the subject of a proceeding which has  not  reached  final
 disposition  from  residing  at  the safe house for the duration of that

 S. 6040                            12
 
 proceeding nor shall it prevent any sexually exploited [child]  INDIVID-
 UAL  who  is  not  the subject of a proceeding from residing at the safe
 house.  [An] FOR INDIVIDUALS UNDER THE  AGE  OF  EIGHTEEN,  AN  advocate
 employed  by  a  short-term  safe  house or other appropriate staff of a
 short-term safe house shall, to the maximum extent possible,  preferably
 within  twenty-four  hours  but  within  no  more than seventy-two hours
 following a sexually exploited [child's] INDIVIDUAL'S admission into the
 program other than pursuant to a  court  order,  notify  such  [child's]
 INDIVIDUAL'S  parent,  guardian  or custodian of his or her physical and
 emotional condition and  the  circumstances  surrounding  the  [child's]
 INDIVIDUAL'S  presence  at  the  program,  unless  there  are compelling
 circumstances why the parent, guardian or custodian  should  not  be  so
 notified.  Where  such circumstances exist, the advocate or other appro-
 priate staff member shall either file an  appropriate  petition  in  the
 family  court, refer the youth to the local social services district, or
 in instances where abuse or  neglect  is  suspected,  report  such  case
 pursuant to title six of this article.
   5.  The  term  "community-based program" means a program operated by a
 not-for-profit  organization  that  provides  services  such  as  street
 outreach,  voluntary drop-in services, peer counseling, individual coun-
 seling, family-therapy and referrals for services  such  as  educational
 and  vocational  training  and  health  care.  Any  such community-based
 program may also work with the safe  house  serving  sexually  exploited
 [children]  INDIVIDUALS as defined in this title to provide transitional
 services to such [children] INDIVIDUALS returning to the community.
   § 24. Section 447-b of the social services law, as  added  by  chapter
 569  of  the  laws  of 2008, subdivisions 1, 2, 3, 5 and 6 as amended by
 section 2 of part G of chapter 58 of the laws of  2010,  is  amended  to
 read as follows:
   §  447-b.  Services  for exploited [children] INDIVIDUALS. 1. Notwith-
 standing any inconsistent provision of law, pursuant to  regulations  of
 the  office of children and family services, every local social services
 district shall as a component of the district's multi-year  consolidated
 services  child  welfare  services  plan  address  the  [child]  welfare
 services needs of sexually exploited [children] INDIVIDUALS and  to  the
 extent  that  funds  are  available  specifically therefor ensure that a
 short-term safe house or another short-term safe placement  such  as  an
 approved  runaway and homeless youth program, approved respite or crisis
 program providing crisis intervention or respite services or  community-
 based  program  to  serve  sexually  exploited [children] INDIVIDUALS is
 available to [children] INDIVIDUALS residing in such  district.  Nothing
 in  this  section  shall  prohibit a local social services district from
 utilizing existing respite or crisis intervention services already oper-
 ated by such social services district  or  homeless  youth  programs  or
 services  for  victims of human trafficking pursuant to article ten-D of
 this chapter so long as the  staff  members  have  received  appropriate
 training  approved by the office of children and family services regard-
 ing sexually exploited [children] INDIVIDUALS and the existing  programs
 and  facilities  provide  a safe, secure and appropriate environment for
 sexually  exploited  [children]  INDIVIDUALS.      Crisis   intervention
 services,  short-term  safe  house  care and community-based programming
 may, where appropriate, be provided by the same  not-for-profit  agency.
 Local  social  services districts may work cooperatively to provide such
 short-term safe house or other short-term safe placement,  services  and
 programming  and  access to such placement, services and programming may
 be provided on a regional basis, provided,  however,  that  every  local

 S. 6040                            13
 
 social  services  district  shall to the extent that funds are available
 ensure that such placement,  services  and  programs  shall  be  readily
 accessible  to sexually exploited [children] INDIVIDUALS residing within
 the district.
   2.  All  of  the  services created under this title may, to the extent
 possible provided by law, be available to all sexually exploited  [chil-
 dren]  INDIVIDUALS whether they are accessed voluntarily, as a condition
 of an adjournment in  contemplation  of  dismissal  issued  in  criminal
 court,  through  the  diversion  services  created  under  section seven
 hundred thirty-five of the family court act, through a proceeding  under
 article three of the family court act, a proceeding under article ten of
 the  family court act or through a referral from a local social services
 agency.
   3. The capacity of the crisis  intervention  services  and  community-
 based  programs in subdivision one of this section shall be based on the
 number of sexually exploited [children] INDIVIDUALS in each district who
 are in need of such services. A determination of such need shall be made
 in two thousand ten and every five  years  thereafter  in  every  social
 services  district  by  the local commissioner of social services and be
 included in the integrated county plan. Such determination shall be made
 in consultation with local law enforcement, runaway and  homeless  youth
 program  providers,  local  probation departments, local social services
 commissioners, the runaway and homeless youth coordinator for the  local
 social  services  district,  local  law guardians, presentment agencies,
 public defenders and district attorney's offices and child advocates and
 services providers who work directly with sexually exploited youth.
   4. In determining the need for and capacity of  the  services  created
 under  this section, each local social services district shall recognize
 that sexually exploited youth have separate and distinct  service  needs
 according  to  gender and, where a local social services district deter-
 mines that the need exists, to the  extent  that  funds  are  available,
 appropriate programming shall be made available.
   5.  To  the  extent  funds are specifically appropriated therefor, the
 office of children and family services shall contract with an  appropri-
 ate   not-for-profit   agency  with  experience  working  with  sexually
 exploited [children] INDIVIDUALS to operate at least one long-term  safe
 house  in  a  geographically  appropriate  area of the state which shall
 provide safe and secure long term housing and specialized  services  for
 sexually  exploited  [children]  INDIVIDUALS  throughout  the state. The
 appropriateness of the geographic location shall  be  determined  taking
 into  account  the  areas  of  the  state  with high numbers of sexually
 exploited [children] INDIVIDUALS and the  need  for  sexually  exploited
 [children]  INDIVIDUALS  to  find  shelter  and long term placement in a
 region that cannot be readily accessed by  the  perpetrators  of  sexual
 exploitation.  The  need for more than one long-term safe house shall be
 determined by the office of children and family services  based  on  the
 numbers and geographical location of sexually exploited [children] INDI-
 VIDUALS  within the state. Nothing herein shall be construed to preclude
 an agency from applying for and accepting grants, gifts and bequests  of
 funds  from  private individuals, foundations and the federal government
 for the purpose of creating or carrying out the duties  of  a  long-term
 safe house.
   6.  The  local  social  services  commissioner may, to the extent that
 funds are available,  in  conjunction  with  the  division  of  criminal
 justice  services  and local law enforcement officials, contract with an
 appropriate not-for-profit agency with experience working with  sexually

 S. 6040                            14
 
 exploited  [children] INDIVIDUALS to train law enforcement officials who
 are likely to encounter sexually exploited [children] INDIVIDUALS in the
 course of their law enforcement duties on the provisions of this section
 and  how  to  identify  and  obtain  appropriate  services  for sexually
 exploited [children] INDIVIDUALS. Local social  services  districts  may
 work  cooperatively  to  provide  such training and such training may be
 provided on a regional basis. The division of criminal justice  services
 shall  assist local social services districts in obtaining any available
 funds for the purposes of conducting law enforcement training  from  the
 federal justice department and the office of juvenile justice and delin-
 quency prevention.
   § 25. Subdivision (a) of section 483-aa of the social services law, as
 added by chapter 74 of the laws of 2007, is amended to read as follows:
   (a)  "Human  trafficking victim" means a person who is a victim of sex
 trafficking as defined in section 230.34 of the penal law or a victim of
 labor trafficking as defined in section 135.35  of  the  penal  law  OR,
 WHERE  A  COMMERCIAL SEX ACT IS INDUCED BY FORCE, FRAUD, OR COERCION, OR
 IN WHICH THE PERSON INDUCED TO PERFORM SUCH ACT HAS NOT  ATTAINED  EIGH-
 TEEN YEARS OF AGE, OR AS DEFINED UNDER SECTION 12 OF 22 U.S. CODE § 7102
 -  SEX TRAFFICKING. ("SEX TRAFFICKING" MEANS THE RECRUITMENT, HARBORING,
 TRANSPORTATION, PROVISION, OBTAINING, PATRONIZING, OR  SOLICITING  OF  A
 PERSON FOR THE PURPOSE OF A COMMERCIAL SEX ACT).
   § 26. Subdivision (a) of section 483-bb of the social services law, as
 added  by  chapter 74 of the laws of 2007, is amended and a new subdivi-
 sion (d) is added to read as follows:
   (a) The office of temporary  and  disability  assistance  [may]  SHALL
 coordinate  with and assist law enforcement agencies and district attor-
 ney's offices to  access  appropriate  services  for  human  trafficking
 victims.
   (D)  ANNUALLY  THE  PROVISION  OF  SUCH SERVICES SHALL BE REVIEWED AND
 EVALUATED TO ENSURE THAT VICTIMS OF HUMAN TRAFFICKING ARE ABLE TO ACCESS
 AND TO UTILIZE SUCH SERVICES IN AN APPROPRIATE AND HELPFUL MANNER BY THE
 INTERAGENCY TASK FORCE ON HUMAN  TRAFFICKING  CREATED  IN  SECTION  FOUR
 HUNDRED  EIGHTY-THREE-AA  OF  THIS ARTICLE. IF THE TASK FORCE DETERMINES
 THAT THE SERVICES PRESCRIBED  HEREIN  ARE  NOT  APPROPRIATE,  NOT  BEING
 ACCESSED  OR UTILIZED THE TASK FORCE SHALL DETERMINE PROTOCOLS TO ENSURE
 THAT SUCH SERVICES ARE MORE ACCESSIBLE AND ARE MORE READILY AVAILABLE.
   § 27. Section 483-ee of the social services law, as amended by chapter
 413 of the laws of 2016, is amended to read as follows:
   § 483-ee. Establishment of interagency task force on  human  traffick-
 ing.  (a)  There is established an interagency task force on trafficking
 in persons, which shall consist of the following members or their desig-
 nees: (1) the commissioner of the division of criminal justice services;
 (2) the commissioner of the office of temporary and  disability  assist-
 ance; (3) the commissioner of health; (4) the commissioner of the office
 of mental health; (5) the commissioner of labor; (6) the commissioner of
 the  office of children and family services; (7) the commissioner of the
 office of [alcoholism and substance abuse services]  ADDICTION  SERVICES
 AND SUPPORTS; (8) the director of the office of victim services; (9) the
 executive  director  of  the  office  for  the  prevention  of  domestic
 violence; and (10) the superintendent of the division of  state  police;
 and the following additional members, who shall be promptly appointed by
 the  governor, each for a term of two years, provided that such person's
 membership shall continue after such two year term until a successor  is
 appointed  and  provided,  further,  that a member may be reappointed if
 again recommended in the manner specified in this subdivision: (11)  two

 S. 6040                            15
 
 members,  who  shall be appointed on the recommendation of the temporary
 president of the senate; (12) two members, who shall be appointed on the
 recommendation of the speaker of the assembly;  (13)  two  members,  who
 shall be appointed on the recommendation of the not-for-profit organiza-
 tion  in New York state that receives the largest share of funds, appro-
 priated by and through the  state  budget,  for  providing  services  to
 victims of human trafficking, as shall be identified annually in writing
 by  the  director  of  the  budget;  and  (14)  one member, who shall be
 appointed on the recommendation of the president of the New  York  state
 bar  association; and others as may be necessary to carry out the duties
 and responsibilities under this section. AN  EFFORT  SHALL  BE  MADE  TO
 INCLUDE  REPRESENTATIVES  FROM THE FOLLOWING GROUPS OF PEOPLE: SURVIVORS
 OF HUMAN TRAFFICKING, SURVIVORS OF SEXUAL EXPLOITATION, SERVICE  PROVID-
 ERS  FROM  VARIOUS  GEOGRAPHIC  AREAS  OF  THE STATE, REPRESENTATIVES OF
 WOMEN'S RIGHTS ORGANIZATIONS, REPRESENTATIVES OF THE LESBIAN GAY BISEXU-
 AL TRANSGENDER AND QUEER POPULATIONS AND  REPRESENTATIVES  FROM  VARIOUS
 ETHNIC  DEMOGRAPHICS  ACROSS  NEW  YORK  STATE.  The  task force will be
 co-chaired by the commissioners of  the  division  of  criminal  justice
 services and the office of temporary and disability assistance, or their
 designees.  It  shall  meet  as  often as is necessary, but no less than
 three times per year, and under  circumstances  as  are  appropriate  to
 fulfilling  its duties under this section. All members shall be provided
 with written notice reasonably in advance of  each  meeting  with  date,
 time and location of such meeting.
   (b)  The task force shall: (1) collect and organize data on the nature
 and extent of CRIMES RELATED TO trafficking AND SEXUAL  EXPLOITATION  OF
 persons  in  the  state; (2) identify available federal, state and local
 programs that provide services to victims of trafficking, including  but
 not  limited  to  case  management,  housing, health care, mental health
 counseling, drug addiction screening and treatment, language interpreta-
 tion and translation services, English language instruction, job  train-
 ing   and   placement   assistance,  post-employment  services  for  job
 retention, and services to assist the individual and any of his  or  her
 family  members  to establish a permanent residence in New York state or
 the United States; (3) consult with  governmental  and  non-governmental
 organizations  in  developing  recommendations  to  strengthen state and
 local efforts to prevent trafficking,  protect  and  assist  victims  of
 trafficking  and prosecute traffickers; (4) establish interagency proto-
 cols and collaboration between federal, state, and  local  law  enforce-
 ment,  state and governmental agencies, child welfare agencies, and non-
 governmental organizations; (5) evaluate approaches to  increase  public
 awareness about trafficking and make recommendations on such approaches;
 (6) evaluate the effectiveness of training programs on human trafficking
 that  have been designed for law enforcement personnel, criminal defense
 attorneys, social service providers and non-governmental  organizations,
 and  make recommendations for improving the quality and effectiveness of
 such programs, AS WELL AS ENSURE THAT SAID TRAINING IS OCCURRING  ON  AN
 ANNUAL  BASIS;  (7)  measure  and  evaluate the progress of the state in
 preventing trafficking, protecting and providing assistance  to  victims
 of  trafficking, and prosecuting persons engaged in trafficking; and (8)
 convene any subcommittee necessary, provided such  subcommittee  has  at
 least  one  of  the  members  appointed  by the speaker of the assembly,
 temporary president of the senate  or  governor,  to  consider  specific
 issues, including, but not limited to: federal, state and/or local coop-
 eration; juveniles and human trafficking; the importance of training and

 S. 6040                            16
 
 who  should  receive such training; how data is compiled and shared; and
 services for and treatment of domestic versus foreign born victims.
   (c)  The  task  force shall report to the governor, the speaker of the
 assembly, the minority leader of the assembly, the  temporary  president
 of the senate and the minority leader of the senate no less than annual-
 ly,  and it shall additionally issue such reports and recommendations as
 it deems necessary to carry out its duties and responsibilities.
   (D) THE TASK FORCE SHALL WORK WITH THE STATE EDUCATION  DEPARTMENT  TO
 CREATE AND IMPLEMENT ADDITIONAL SEXUAL EDUCATION FOR STUDENTS IN SECOND-
 ARY  SCHOOL THAT INCLUDES INFORMATION AS IT RELATES TO PROSTITUTION, ITS
 INHERENT VIOLENCE AND IMPACT ON PUBLIC AND INDIVIDUAL HEALTH.
   § 28. The state finance law is amended by adding a new section 97-bbbb
 to read as follows:
   § 97-BBBB. VICTIMS OF SEXUAL EXPLOITATION FUND.  1.  THERE  IS  ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER  OF  THE DEPARTMENT OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE
 "VICTIMS OF SEXUAL EXPLOITATION FUND".
   2. THE VICTIMS OF SEXUAL EXPLOITATION FUND  SHALL  CONSIST  OF  MONIES
 RECEIVED BY THE STATE PURSUANT TO SECTION 80.20 OF THE PENAL LAW AND ALL
 OTHER  FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED, APPROPRI-
 ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
   3. MONIES OF THE VICTIMS OF SEXUAL EXPLOITATION FUND, FOLLOWING APPRO-
 PRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET
 SHALL BE MADE AVAILABLE FOR  GRANTS  TO  VICTIMS  AND  LOCAL  ASSISTANCE
 SERVICES  AND  EXPENSES  OF  PROGRAMS  TO PROVIDE SERVICES TO VICTIMS OF
 SEXUAL EXPLOITATION AS DETERMINED BY THE OFFICE OF VICTIM  SERVICES  AND
 THE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING.
   § 29. Subdivision a of section 3-118 of the administrative code of the
 city  of  New  York,  as amended by chapter 189 of the laws of 2018, the
 third undesignated paragraph as amended by chapter 23  of  the  laws  of
 2021, is amended to read as follows:
   a.  For  the  purposes  of  this section, the following terms have the
 following meanings:
   Homeless youth. The term "homeless youth" means persons under the  age
 of  [21] 24 who are in need of services and are without a place of shel-
 ter where supervision and care are available.
   Sexually exploited youth. The term "sexually  exploited  youth"  means
 persons under the age of 18 who have been subject to sexual exploitation
 because  they  (a)  are  the  victim  of the crime of sex trafficking as
 defined in section 230.34 of the penal law; (b) engage  in  any  act  as
 defined  in  FORMER section 230.00 of the penal law; (c) are a victim of
 the crime of compelling prostitution as defined in section 230.33 of the
 penal law; (d) are a victim of the crime of sex trafficking of  a  child
 as  defined  in section 230.34-a of the penal law; or (e) engage in acts
 or conduct described in article two hundred  sixty-three  of  the  penal
 law.  The term shall also mean persons under the age of 18 who have been
 subject to incest in the third degree, second degree or first degree, as
 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
 tively, or any of the sex offenses enumerated  in  article  one  hundred
 thirty of the penal law.
   § 30. Subdivision 4 of section 170.30 of the criminal procedure law is
 REPEALED.
   §  31.  Section  60.42  of  the  criminal procedure law, as amended by
 section 1 of part R of chapter 55 of the laws of  2019,  is  amended  to
 read as follows:

 S. 6040                            17
 
 § 60.42 Rules  of evidence; admissibility of evidence of victim's sexual
           conduct in sex offense cases.
   Evidence  of  a  victim's  sexual conduct shall not be admissible in a
 prosecution for an offense or an attempt to commit an offense defined in
 article one hundred thirty or in section 230.34 of the penal law  unless
 such evidence:
   1.  proves  or tends to prove specific instances of the victim's prior
 sexual conduct with the accused; or
   2. [proves or tends to prove that the victim has been convicted of  an
 offense  under  section 230.00 of the penal law within three years prior
 to the sex offense which is the subject of the prosecution; or
   3.] rebuts evidence introduced by the people of the  victim's  failure
 to  engage  in  sexual  intercourse,  oral  sexual  conduct, anal sexual
 conduct or sexual contact during a given period of time; or
   [4.] 3. rebuts evidence introduced by the people which proves or tends
 to prove that the accused is the cause of pregnancy or  disease  of  the
 victim, or the source of semen found in the victim; or
   [5.]  4.  is  determined  by  the court after an offer of proof by the
 accused outside the hearing of the jury, or such hearing  as  the  court
 may require, and a statement by the court of its findings of fact essen-
 tial  to  its determination, to be relevant and admissible in the inter-
 ests of justice.
   § 32. The opening paragraph of subdivision 1 of section 170.80 of  the
 criminal procedure law, as amended by chapter 23 of the laws of 2021, is
 amended to read as follows:
   Notwithstanding  any  other  provision of law, at any time at or after
 arraignment on a charge  of  prostitution  pursuant  to  FORMER  section
 230.00  of the penal law, after consultation with counsel, a knowing and
 voluntary plea of guilty has been entered to such charge, any  judge  or
 justice  hearing any stage of such case may, upon consent of the defend-
 ant after consultation with counsel:
   § 33. Subdivision 2 of section 420.35 of the criminal  procedure  law,
 as  amended  by  chapter  23  of the laws of 2021, is amended to read as
 follows:
   2. Except as provided in this subdivision or subdivision two-a of this
 section, under no  circumstances  shall  the  mandatory  surcharge,  sex
 offender  registration fee, DNA databank fee or the crime victim assist-
 ance fee be waived. A court shall waive  any  mandatory  surcharge,  DNA
 databank  fee and crime victim assistance fee when: (i) the defendant is
 convicted of prostitution under FORMER section 230.00 of the penal  law;
 (ii)  the  defendant  is  convicted  of  a  violation  in the event such
 conviction is in lieu of a plea to or conviction for prostitution  under
 FORMER  section  230.00  of  the penal law; (iii) 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
 (iv)  the  court finds that the defendant is a victim of sex trafficking
 of a child under section 230.34-a of the penal law.
   § 34. Subdivision 4 of section 720.15 of the criminal  procedure  law,
 as  amended  by  chapter  23  of the laws of 2021, is amended to read as
 follows:
   4. Notwithstanding any provision in this  article,  a  person  charged
 with  prostitution  as defined in FORMER section 230.00 of the penal law
 regardless of whether such person (i) had prior to commencement of trial
 or entry of a plea of guilty been convicted of a crime or found a youth-
 ful offender, or (ii) subsequent to such conviction for prostitution  is

 S. 6040                            18
 
 convicted  of  a  crime  or found a youthful offender, the provisions of
 subdivisions one and two of this section requiring  or  authorizing  the
 accusatory  instrument  filed  against  a  youth  to  be sealed, and the
 arraignment and all proceedings in the action to be conducted in private
 shall apply.
   §  35.  Subdivision 1 of section 720.35 of the criminal procedure law,
 as amended by chapter 23 of the laws of 2021,  is  amended  to  read  as
 follows:
   1.  A  youthful  offender adjudication is not a judgment of conviction
 for a crime or any other offense, and does not operate  as  a  disquali-
 fication  of  any  person  so  adjudged  to hold public office or public
 employment or to receive any license granted  by  public  authority  but
 shall be deemed a conviction only for the purposes of transfer of super-
 vision  and  custody pursuant to section two hundred fifty-nine-m of the
 executive law. A defendant for whom a youthful offender adjudication was
 substituted, who was originally charged with prostitution as defined  in
 FORMER  section  230.00  of  the  penal law, shall be deemed a "sexually
 exploited [child] INDIVIDUAL" as defined in subdivision one  of  section
 four  hundred  forty-seven-a  of  the  social services law and therefore
 shall not be considered an adult for purposes related to the charges  in
 the youthful offender proceeding or a proceeding under section 170.80 of
 this chapter.
   §  36.  Paragraph  (d) of subdivision 4 of section 305.2 of the family
 court act, as added by section 3 of part G of chapter 58 of the laws  of
 2010, is amended to read as follows:
   (d)  take  the child who such officer has decided to take into custody
 in accordance with this section [or  section  305.1  of  this  part  for
 violating  the  provisions  of  section  230.00 of the penal law,] to an
 available short-term safe house as defined in subdivision two of section
 four hundred forty-seven-a of the social services law; or
   § 37. Section 344.4 of the family court act, as added by  chapter  761
 of the laws of 1987, subdivision 3 as amended by chapter 264 of the laws
 of 2003, is amended to read as follows:
   §  344.4.  Rules  of  evidence;  admissibility of evidence of victim's
 sexual conduct in sex offense  cases.  Evidence  of  a  victim's  sexual
 conduct shall not be admissible in a juvenile delinquency proceeding for
 a  crime  or an attempt to commit a crime defined in article one hundred
 thirty of the penal law unless such evidence:
   1. proves or tends to prove specific instances of the  victim's  prior
 sexual conduct with the accused; or
   2.  [proves or tends to prove that the victim has been convicted of an
 offense under section 230.00 of the penal law within three  years  prior
 to  the  sex  offense  which  is the subject of the juvenile delinquency
 proceeding; or
   3.] rebuts evidence  introduced  by  the  presentment  agency  of  the
 victim's  failure  to engage in sexual intercourse, oral sexual conduct,
 anal sexual conduct or sexual contact during a given period of time; or
   [4.] 3. rebuts evidence introduced by  the  presentment  agency  which
 proves  or  tends to prove that the accused is the cause of pregnancy or
 disease of the victim, or the source of semen found in the victim; or
   [5.] 4. is determined by the court after an  offer  of  proof  by  the
 accused,  or  such  hearing as the court may require, and a statement by
 the court of its findings of fact essential to its determination, to  be
 relevant and admissible in the interests of justice.

 S. 6040                            19
 
   §  38.  Subdivision  (a)  of  section  712 of the family court act, as
 amended by section 1 of part K of chapter 56 of the  laws  of  2019,  is
 amended to read as follows:
   (a) "Person in need of supervision". A person less than eighteen years
 of age: (i) who does not attend school in accordance with the provisions
 of  part  one  of  article  sixty-five of the education law; (ii) who is
 incorrigible, ungovernable or  habitually  disobedient  and  beyond  the
 lawful  control of a parent or other person legally responsible for such
 child's  care,  or  other  lawful  authority;  (iii)  who  violates  the
 provisions  of:  (1) section 221.05; or (2) FORMER SECTION 230.00 of the
 penal law; (iv) or who appears to be a sexually exploited [child]  INDI-
 VIDUAL  as  defined  in paragraph (a)[, (c)] or [(d)] (B) of subdivision
 one of section four hundred forty-seven-a of the  social  services  law,
 but  only  if  the child consents to the filing of a petition under this
 article.
   § 39. Subdivision 2 of section 353 of the multiple  dwelling  law,  as
 amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
 follows:
   2. If there be two or more convictions in such dwelling within a peri-
 od of six months, under [sections 230.00,] SECTION 230.25[,]  or  230.40
 of the penal law.
   §  40.  Section 2324-a of the public health law, as amended by chapter
 189 of the laws of 2018, is amended to read as follows:
   § 2324-a. Presumptive evidence. For the purposes of this title, two or
 more convictions of any person or persons had, within a  period  of  one
 year,  for  any  of  the offenses described in section [230.00,] 230.05,
 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25,  230.30,  230.32
 or  230.34-a  of  the penal law arising out of conduct engaged in at the
 same real property consisting of a dwelling as that term is  defined  in
 subdivision  four  of section four of the multiple dwelling law shall be
 presumptive evidence of conduct constituting use  of  the  premises  for
 purposes of prostitution.
   §  41.  Subdivision  3  of  section  231  of the real property law, as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
   3.  For  the  purposes of this section, two or more convictions of any
 person or persons had, within a period of  one  year,  for  any  of  the
 offenses  described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law  aris-
 ing  out  of  conduct  engaged  in  at the same premises consisting of a
 dwelling as that term is defined in subdivision four of section four  of
 the  multiple dwelling law shall be presumptive evidence of unlawful use
 of such premises and of the owners knowledge of the same.
   § 42. Subdivision 2 of section 715 of the real  property  actions  and
 proceedings  law,  as  amended  by  chapter  368 of the laws of 2015, is
 amended to read as follows:
   2. For purposes of this section, two or more convictions of any person
 or persons had, within a period of one year, for  any  of  the  offenses
 described  in  section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of
 conduct engaged in at the same real property consisting of a dwelling as
 that term is defined in subdivision four of section four of the multiple
 dwelling law shall be presumptive evidence of conduct  constituting  use
 of the premises for purposes of prostitution.

 S. 6040                            20
 
   §  43. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
 and traffic law, as amended by chapter 368  of  the  laws  of  2015,  is
 amended to read as follows:
   (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
 of this section that result in disqualification for  a  period  of  five
 years  shall include a conviction under sections 100.10, 105.13, 115.05,
 120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
 125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
 220.16,  220.31,  220.34, 220.60, 220.65, 221.30, 221.50, 221.55, FORMER
 SECTION 230.00, SECTIONS 230.05, 230.06, 230.11, 230.12, 230.13, 230.19,
 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivi-
 sion two of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,
 265.09,  265.10, 265.12, 265.35 of the penal law or an attempt to commit
 any of the aforesaid offenses under section 110.00 of the penal law,  or
 any  similar offenses committed under a former section of the penal law,
 or any offenses committed under a former section of the penal law  which
 would  constitute violations of the aforesaid sections of the penal law,
 or any offenses committed outside  this  state  which  would  constitute
 violations of the aforesaid sections of the penal law.
   §  44.  Severability.  If any provision or term of this act is for any
 reason declared unconstitutional or invalid or ineffective by any compe-
 tent jurisdiction, such decision shall not affect the  validity  of  the
 effectiveness of the remaining portions of this act or any part thereof.
   §  45.  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-seven of this act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with.  Effective immediately the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such date.