HUMAN TRAFFICKING

LAWS OF NEW YORK, 2007
CHAPTER 74

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the penal law, the criminal procedure law, the
correction law, the social services law and the executive law, in
relation to human trafficking; to repeal section 230.03 of the penal
law relating to patronizing a prostitute in the fourth degree; and
providing for the repeal of certain provisions upon expiration thereof

Became a law June 6, 2007, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 1 of section 230.25 of the penal law, as
amended by chapter 627 of the laws of 1978, is amended to read as
follows:
1. Advances or profits from prostitution by managing, supervising,
controlling or owning, either alone or in association with others, a
house of prostitution or a prostitution business or enterprise involving
prostitution activity by two or more prostitutes, or a business that
sells travel-related services knowing that such services include or are
intended to facilitate travel for the purpose of patronizing a prosti-
tute, including to a foreign jurisdiction and regardless of the legality
of prostitution in said foreign jurisdiction; or
§ 2. The penal law is amended by adding two new sections 230.34 and
230.36 to read as follows:
§ 230.34 Sex trafficking.
A person is guilty of sex trafficking if he or she intentionally
advances or profits from prostitution by:
1. unlawfully providing to a person who is patronized, with intent to
impair said person's judgment: (a) a narcotic drug or a narcotic prepa-
ration; (b) concentrated cannabis as defined in paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law; (c) methadone; or (d) gamma-hydroxybutyrate (GHB) or flunitrazepan,
also known as Rohypnol;
2. making material false statements, misstatements, or omissions to
induce or maintain the person being patronized to engage in or continue
to engage in prostitution activity;
3. withholding, destroying, or confiscating any actual or purported
passport, immigration document, or any other actual or purported govern-
ment identification document of another person with intent to impair
said person's freedom of movement; provided, however, that this subdivi-
sion shall not apply to an attempt to correct a social security adminis-
tration record or immigration agency record in accordance with any
local, state, or federal agency requirement, where such attempt is not
made for the purpose of any express or implied threat;
4. requiring that prostitution be performed to retire, repay, or
service a real or purported debt;
5. using force or engaging in any scheme, plan or pattern to compel or
induce the person being patronized to engage in or continue to engage in
prostitution activity by means of instilling a fear in the person being
patronized that, if the demand is not complied with, the actor or anoth-
er will do one or more of the following:
(a) cause physical injury, serious physical injury, or death to a
person; or
(b) cause damage to property, other than the property of the actor; or
(c) engage in other conduct constituting a felony or unlawful impri-
sonment in the second degree in violation of section 135.05 of this
chapter; or
(d) accuse some person of a crime or cause criminal charges or depor-
tation proceedings to be instituted against some person; provided,
however, that it shall be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be true
and that his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the subject of
such threatened charge; or
(e) expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
(f) testify or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
(g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such manner as to affect
some person adversely; or
(h) perform any other act which would not in itself materially benefit
the actor but which is calculated to harm the person who is patronized
materially with respect to his or her health, safety, or immigration
status.
Sex trafficking is a class B felony
§ 230.36 Sex trafficking; accomplice.
In a prosecution for sex trafficking, a person 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.
§ 3. The penal law is amended by adding two new sections 135.35 and
135.36 to read as follows:
§ 135.35 Labor trafficking.
A person is guilty of labor trafficking if he or she compels or
induces another to engage in labor or recruits, entices, harbors, or
transports such other person by means of intentionally:
1. unlawfully providing a controlled substance to such person with
intent to impair said person's judgment;
2. requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
3. withholding, destroying, or confiscating any actual or purported
passport, immigration document, or any other actual or purported govern-
ment identification document, of another person with intent to impair
said person's freedom of movement; provided, however, that this subdivi-
sion shall not apply to an attempt to correct a social security adminis-
tration record or immigration agency record in accordance with any
local, state, or federal agency requirement, where such attempt is not
made for the purpose of any express or implied threat;
4. using force or engaging in any scheme, plan or pattern to compel or
induce such person to engage in or continue to engage in labor activity
by means of instilling a fear in such person that, if the demand is not
complied with, the actor or another will do one or more of the follow-
ing:
(a) cause physical injury, serious physical injury, or death to a
person; or
(b) cause damage to property, other than the property of the actor; or
(c) engage in other conduct constituting a felony or unlawful impri-
sonment in the second degree in violation of section 135.05 of this
chapter; or
(d) accuse some person of a crime or cause criminal charges or depor-
tation proceedings to be instituted against such person; provided,
however, that it shall be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be true
and that his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the subject of
such threatened charge; or
(e) expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
(f) testify or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
(g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such manner as to affect
some person adversely.
Labor trafficking is a class D felony.
§ 135.36 Labor trafficking; accomplice.
In a prosecution for labor trafficking, a person who has been
compelled or induced or recruited, enticed, harbored or transported to
engage in labor shall not be deemed to be an accomplice.
§ 4. Section 230.03 of the penal law is REPEALED.
§ 5. Section 230.04 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
§ 230.04 Patronizing a prostitute in the third degree.
A person is guilty of patronizing a prostitute in the third degree
when[, being over twenty-one years of age,] he or she patronizes a pros-
titute [and the person patronized is less than seventeen years of age].
Patronizing a prostitute in the third degree is a class A misdemeanor.
§ 6. Section 230.07 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
§ 230.07 Patronizing a prostitute; defense.
In any prosecution for patronizing a prostitute in the first[,] or
second [or third] degrees, it is a defense that the defendant did not
have reasonable grounds to believe that the person was less than the age
specified.
§ 7. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 442 of the laws of 2006, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35 relating to rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10
and 145.12 relating to criminal mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health care fraud; article one hundred sixty relating to robbery;
sections 165.45, 165.50, 165.52 and 165.54 relating to criminal
possession of stolen property; sections 170.10, 170.15, 170.25, 170.30,
170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
and 178.25 relating to criminal diversion of prescription medications
and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
190.40 and 190.42 relating to criminal usury; section 190.65 relating to
schemes to defraud; sections 205.60 and 205.65 relating to hindering
prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
contempt; section 215.40 relating to tampering with physical evidence;
sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
220.41, 220.43, 220.46, 220.55 and 220.60 relating to controlled
substances; sections 225.10 and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; sections 235.06, 235.07 and 235.21
relating to obscenity; section 263.10 relating to promoting an obscene
sexual performance by a child; sections 265.02, 265.03, 265.04, 265.11,
265.12, 265.13 and the provisions of section 265.10 which constitute a
felony relating to firearms and other dangerous weapons; and sections
265.14 and 265.16 relating to criminal sale of a firearm; and section
275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings;
and sections 470.05, 470.10, 470.15 and 470.20 relating to money laun-
dering; or
§ 8. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 442 of the laws of 2006, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
criminally negligent homicide as defined in section 125.10 of the penal
law, manslaughter in the second degree as defined in section 125.15 of
the penal law, manslaughter in the first degree as defined in section
125.20 of the penal law, murder in the second degree as defined in
section 125.25 of the penal law, murder in the first degree as defined
in section 125.27 of the penal law, abortion in the second degree as
defined in section 125.40 of the penal law, abortion in the first degree
as defined in section 125.45 of the penal law, rape in the third degree
as defined in section 130.25 of the penal law, rape in the second degree
as defined in section 130.30 of the penal law, rape in the first degree
as defined in section 130.35 of the penal law, criminal sexual act in
the third degree as defined in section 130.40 of the penal law, criminal
sexual act in the second degree as defined in section 130.45 of the
penal law, criminal sexual act in the first degree as defined in section
130.50 of the penal law, sexual abuse in the first degree as defined in
section 130.65 of the penal law, unlawful imprisonment in the first
degree as defined in section 135.10 of the penal law, kidnapping in the
second degree as defined in section 135.20 of the penal law, kidnapping
in the first degree as defined in section 135.25 of the penal law, labor
trafficking as defined in section 135.35 of the penal law, custodial
interference in the first degree as defined in section 135.50 of the
penal law, coercion in the first degree as defined in section 135.65 of
the penal law, criminal trespass in the first degree as defined in
section 140.17 of the penal law, burglary in the third degree as defined
in section 140.20 of the penal law, burglary in the second degree as
defined in section 140.25 of the penal law, burglary in the first degree
as defined in section 140.30 of the penal law, criminal mischief in the
third degree as defined in section 145.05 of the penal law, criminal
mischief in the second degree as defined in section 145.10 of the penal
law, criminal mischief in the first degree as defined in section 145.12
of the penal law, criminal tampering in the first degree as defined in
section 145.20 of the penal law, arson in the fourth degree as defined
in section 150.05 of the penal law, arson in the third degree as defined
in section 150.10 of the penal law, arson in the second degree as
defined in section 150.15 of the penal law, arson in the first degree as
defined in section 150.20 of the penal law, grand larceny in the fourth
degree as defined in section 155.30 of the penal law, grand larceny in
the third degree as defined in section 155.35 of the penal law, grand
larceny in the second degree as defined in section 155.40 of the penal
law, grand larceny in the first degree as defined in section 155.42 of
the penal law, health care fraud in the fourth degree as defined in
section 177.10 of the penal law, health care fraud in the third degree
as defined in section 177.15 of the penal law, health care fraud in the
second degree as defined in section 177.20 of the penal law, health care
fraud in the first degree as defined in section 177.25 of the penal law,
robbery in the third degree as defined in section 160.05 of the penal
law, robbery in the second degree as defined in section 160.10 of the
penal law, robbery in the first degree as defined in section 160.15 of
the penal law, unlawful use of secret scientific material as defined in
section 165.07 of the penal law, criminal possession of stolen property
in the fourth degree as defined in section 165.45 of the penal law,
criminal possession of stolen property in the third degree as defined in
section 165.50 of the penal law, criminal possession of stolen property
in the second degree as defined by section 165.52 of the penal law,
criminal possession of stolen property in the first degree as defined by
section 165.54 of the penal law, trademark counterfeiting in the first
degree as defined in section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery in
the first degree as defined in section 170.15 of the penal law, criminal
possession of a forged instrument in the second degree as defined in
section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal law,
criminal possession of forgery devices as defined in section 170.40 of
the penal law, falsifying business records in the first degree as
defined in section 175.10 of the penal law, tampering with public
records in the first degree as defined in section 175.25 of the penal
law, offering a false instrument for filing in the first degree as
defined in section 175.35 of the penal law, issuing a false certificate
as defined in section 175.40 of the penal law, criminal diversion of
prescription medications and prescriptions in the second degree as
defined in section 178.20 of the penal law, criminal diversion of
prescription medications and prescriptions in the first degree as
defined in section 178.25 of the penal law, escape in the second degree
as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in section 205.17 of
the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, criminal possession of a weapon in the third degree as defined in
subdivisions two, three, four and five of section 265.02 of the penal
law, criminal possession of a weapon in the second degree as defined in
section 265.03 of the penal law, criminal possession of a dangerous
weapon in the first degree as defined in section 265.04 of the penal
law, manufacture, transport, disposition and defacement of weapons and
dangerous instruments and appliances defined as felonies in subdivisions
one, two, and three of section 265.10 of the penal law, sections 265.11,
265.12 and 265.13 of the penal law, or prohibited use of weapons as
defined in subdivision two of section 265.35 of the penal law, relating
to firearms and other dangerous weapons;
§ 9. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 7 of the laws of
2007, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of
the provisions of sections 130.20, 130.25, 130.30, 130.40, 130.45,
130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two hundred
sixty-three of the penal law, or section 135.05, 135.10, 135.20 or
135.25 of such law relating to kidnapping offenses, provided the victim
of such kidnapping or related offense is less than seventeen years old
and the offender is not the parent of the victim, or section 230.04,
where the person patronized is in fact less than seventeen years of age,
230.05 or 230.06, or subdivision two of section 230.30, or section
230.32 or 230.33 of the penal law, or
§ 10. Paragraph (b) of subdivision 1 of section 168-d of the
correction law, as amended by chapter 11 of the laws of 2002, is amended
to read as follows:
(b) Where a defendant stands convicted of an offense defined in para-
graph (b) of subdivision two of section one hundred sixty-eight-a of
this article or where the defendant was convicted of patronizing a pros-
titute in the third degree under section 230.04 of the penal law and the
defendant controverts an allegation that the victim of such offense was
less than eighteen years of age or, in the case of a conviction under
section 230.04 of the penal law, less than seventeen years of age, the
court, without a jury, shall, prior to sentencing, conduct a hearing,
and the people may prove by clear and convincing evidence that the
victim was less than eighteen years of age or less than seventeen years
of age, as applicable, by any evidence admissible under the rules appli-
cable to a trial of the issue of guilt. The court in addition to such
admissible evidence may also consider reliable hearsay evidence submit-
ted by either party provided that it is relevant to the determination of
the age of the victim. Facts concerning the age of the victim proven at
trial or ascertained at the time of entry of a plea of guilty shall be
deemed established by clear and convincing evidence and shall not be
relitigated. At the conclusion of the hearing, or if the defendant does
not controvert an allegation that the victim of the offense was less
than eighteen years of age or less than seventeen years of age, as
applicable, the court must make a finding and enter an order setting
forth the age of the victim. If the court finds that the victim of such
offense was under eighteen years of age or under seventeen years of age,
as applicable, the court shall certify the defendant as a sex offender,
the provisions of paragraph (a) of this subdivision shall apply and the
defendant shall register with the division in accordance with the
provisions of this article.
§ 11. The social services law is amended by adding a new article 10-D
to read as follows:
ARTICLE 10-D
SERVICES FOR VICTIMS OF HUMAN TRAFFICKING
Section 483-aa. Definitions.
483-bb. Services for victims of human trafficking.
483-cc. Confirmation as a victim of human trafficking.
483-dd. Law enforcement assistance with respect to immigration.
483-ee. Establishment of interagency task force on human traf-
ficking.
§ 483-aa. Definitions. The following definitions shall apply to this
article:
(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.
(b) "Pre-certified victim of human trafficking" is a person who has a
pending application for federal certification as a victim of a severe
form of trafficking in persons as defined in section 7105 of title 22 of
the United States Code (Trafficking Victims Protection) but has not yet
obtained such certification, or a person who has reported a crime to law
enforcement and it reasonably appears to law enforcement that the person
is such a victim.
§ 483-bb. Services for victims of human trafficking. (a) The office of
temporary and disability assistance may coordinate with and assist law
enforcement agencies and district attorney's offices to access appropri-
ate services for human trafficking victims.
(b) In providing such assistance, the office of temporary and disabil-
ity assistance may enter into contracts with non-government organiza-
tions for providing services to pre-certified victims of human traffick-
ing as defined in subdivision (b) of section four hundred
eighty-three-aa of this article, insofar as funds are available for that
purpose. Such services may include, but are not limited to, case manage-
ment, emergency temporary housing, health care, mental health coun-
seling, drug addiction screening and treatment, language interpretation
and translation services, English language instruction, job training 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. Nothing in this section shall preclude the office of temporary
and disability assistance, or any local social services district, from
providing human trafficking victims who are United States citizens or
human trafficking victims who meet the criteria pursuant to section one
hundred twenty-two of this chapter with any benefits or services for
which they otherwise may be eligible.
§ 483-cc. Confirmation as a victim of human trafficking. (a) As soon
as practicable after a first encounter with a person who reasonably
appears to a law enforcement agency or a district attorney's office to
be a human trafficking victim, that agency or office shall notify the
office of temporary and disability assistance and the division of crimi-
nal justice services that such person may be eligible for services under
this article.
(b) Upon receipt of such a notification, the division of criminal
justice services, in consultation with the office of temporary and disa-
bility assistance and the referring agency or office, shall make a
preliminary assessment of whether such victim or possible victim appears
to meet the criteria for certification as a victim of a severe form of
trafficking in persons as defined in section 7105 of title 22 of the
United States Code (Trafficking Victims Protection) or appears to be
otherwise eligible for any federal, state or local benefits and
services. If it is determined that the victim appears to meet such
criteria, the office of temporary and disability assistance shall report
the finding to the victim, and to the referring law enforcement agency
or district attorney's office, and may assist that agency or office in
having such victim receive services from a case management provider who
may be under contract with the office of temporary and disability
assistance, or from any other available source. If the victim or possi-
ble victim is under the age of eighteen, the office of temporary and
disability assistance also shall notify the local department of social
services in the county where the child was found.
§ 483-dd. Law enforcement assistance with respect to immigration. Upon
the request of a human trafficking victim or a representative of a human
trafficking victim, the state or local law enforcement agency or
district attorney's office shall provide the victim with the United
States Citizenship and Immigration Service (USCIS) Form I-914 Supplement
B Declaration of Law Enforcement Officer for Victim of Trafficking in
Persons. In order to provide persuasive evidence, the state or local law
enforcement agency endorsement must contain a description of the victim-
ization upon which the application is based, including the dates the
trafficking in persons occurred. The endorsement must address whether
the victim had been recruited, harbored, transported, provided, or
obtained specifically for either labor servitude or services or for the
purposes of a commercial sex act as defined in subdivision three of
section 7102 of title 22 of the United States Code.
§ 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; (8) the chairperson
of the crime victims board; (9) the executive director of the office for
the prevention of domestic violence; and (10) the superintendent of the
division of state police; and others as may be necessary to carry out
the duties and responsibilities under this section. 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 and under circum-
stances as are appropriate to fulfilling its duties under this section.
(b) The task force shall: (1) collect and organize data on the nature
and extent of trafficking in persons in the state; (2) identify avail-
able 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 interpretation and translation services, English
language instruction, job training and placement assistance, post-em-
ployment services for job retention, and services to assist the individ-
ual and any of his or her family members to establish a permanent resi-
dence in New York state or the United States; (3) consult with
governmental and non-governmental organizations in developing recommen-
dations to strengthen state and local efforts to prevent trafficking,
protect and assist victims of trafficking and prosecute traffickers; (4)
establish interagency protocols and collaboration between federal,
state, and local law enforcement, 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; and (7)
measure and evaluate the progress of the state in preventing traffick-
ing, protecting and providing assistance to victims of trafficking, and
prosecuting persons engaged in trafficking.
(c) One year from the effective date of this section, or earlier if
deemed appropriate, the task force shall report to the governor and the
legislature on these issues, and it shall thereafter issue such reports
and recommendations as it deems necessary to carry out its duties and
responsibilities.
§ 12. Subdivision 5 of section 621 of the executive law, as amended by
chapter 620 of the laws of 1997, is amended to read as follows:
5. "Victim" shall mean (a) a person who suffers personal physical
injury as a direct result of a crime; (b) a person who is the victim of
either the crime of (1) unlawful imprisonment in the first degree as
defined in section 135.10 of the penal law, (2) kidnapping in the second
degree as defined in section 135.20 of the penal law, [or] (3) kidnap-
ping in the first degree as defined in section 135.25 of the penal law,
(4) labor trafficking as defined in section 135.35 of the penal law, or
(5) sex trafficking as defined in section 230.34 of the penal law; or a
person who has had a frivolous lawsuit filed against them.
§ 13. Subdivision 1 of section 631 of the executive law, as amended by
chapter 320 of the laws of 2006, is amended to read as follows:
1. No award shall be made unless the board or board member, as the
case may be, finds that (a) a crime was committed, (b) such crime
directly resulted in personal physical injury to or the exacerbation of
a preexisting disability, or condition, or death of, the victim, and (c)
criminal justice agency records show that such crime was promptly
reported to the proper authorities; and in no case may an award be made
where the criminal justice agency records show that such report was made
more than one week after the occurrence of such crime unless the board,
for good cause shown, finds the delay to have been justified; provided,
however, in cases involving an alleged sex offense as contained in arti-
cle one hundred thirty of the penal law or incest as defined in section
255.25, 255.26 or 255.27 of the penal law or labor trafficking as
defined in section 135.35 of the penal law or sex trafficking as defined
in section 230.34 of the penal law or an offense chargeable as a family
offense as described in section eight hundred twelve of the family court
act or section 530.11 of the criminal procedure law, the criminal
justice agency report need only be made within a reasonable time consid-
ering all the circumstances, including the victim's physical, emotional
and mental condition and family situation. For the purposes of this
subdivision, "criminal justice agency" shall include, but not be limited
to, a police department, a district attorney's office, and any other
governmental agency having responsibility for the enforcement of the
criminal laws of the state provided, however, that in cases involving
such sex offense a criminal justice agency shall also mean a family
court, a governmental agency responsible for child and/or adult protec-
tive services pursuant to title six of article six of the social
services law and/or title one of article nine-B of the social services
law, and any medical facility established under the laws of the state
that provides a forensic physical examination for victims of rape and
sexual assault.
§ 14. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law; provided that
section 483-ee of the social services law as added by section eleven of
this act shall take effect immediately and shall remain in full force
and effect until September 1, 2011 when upon such date the provisions of
such section shall expire and be deemed repealed. Provided, effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the timely implementation of the provisions of
article 10-D of the social services law, as added by section eleven of
this act, on its effective date are authorized to be made on or before
such effective date.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly