Bill Text: NY A08605 | 2023-2024 | General Assembly | Amended

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Bill Title: Decriminalizes certain prostitution offenses; amends provisions relating to prosecution of such offenses and vacating judgments.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2024-01-24 - print number 8605a [A08605 Detail]

Download: New_York-2023-A08605-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8605--A

                   IN ASSEMBLY

                                    January 12, 2024
                                       ___________

        Introduced by M. of A. FORREST, BURDICK -- read once and referred to the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the penal law, in relation to decriminalizing sex  work;
          and  to repeal certain provisions of such law relating to prostitution
          (Part A); to amend the criminal procedure law and the  civil  practice
          law  and  rules, in relation to eliminating prior criminal records and
          making other related changes; and to repeal certain provisions of  the
          criminal  procedure  law  relating  to the prosecution of prostitution
          offenses (Part B); and to amend the multiple dwelling law, the  public
          health  law,  the  real property actions and proceedings law, the real
          property law, the vehicle and traffic law, and the administrative code
          of the city of New York, in  relation  to  making  conforming  changes
          (Part C)

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

     1    Section 1. This act enacts into law major  components  of  legislation
     2  relating to the decriminalization of certain prostitution offenses. Each
     3  component  of  this  act is wholly contained within a Part identified as
     4  Parts A through C. The effective  date  for  each  particular  provision
     5  contained  within  such  Part  is  set forth in the last section of such
     6  Part. Any provision in any section contained within  a  Part,  including
     7  the  effective  date of the Part, which makes reference to a section "of
     8  this act", when used in connection with that particular component, shall
     9  be deemed to mean and refer to the corresponding section of the Part  in
    10  which  it  is  found.  Section three of this act sets  forth the general
    11  effective date of this act.

    12                                   PART A
    13                              DECRIMINALIZATION

    14    Section 1. Section 230.00 of the penal law, as amended by chapter  169
    15  of the laws of 1969, is amended to read as follows:
    16  § 230.00 Prostitution; definitions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00381-04-4
        A. 8605--A                          2

     1    [A person is guilty of prostitution when such person engages or agrees
     2  or  offers to engage in sexual conduct with another person in return for
     3  a fee.
     4    Prostitution is a class B Misdemeanor]
     5    As  used in this chapter, the following terms have the following mean-
     6  ings:
     7    1. "Prostitution" means engaging  or  agreeing  to  engage  in  sexual
     8  conduct with another person in return for a fee.
     9    2.  A person "patronizes a person for prostitution" when: (a) pursuant
    10  to a prior understanding, the actor pays a  fee  to  another  person  as
    11  compensation  for  such other person or a third person having engaged in
    12  sexual conduct with the actor; or
    13    (b) the person pays or agrees to pay a fee to another person  pursuant
    14  to an understanding that in return therefor such other person or a third
    15  person will engage in sexual conduct with the actor; or
    16    (c) the person solicits or requests another person to engage in sexual
    17  conduct with the actor in return for a fee.
    18    3.  "Person  who  is  patronized" means the person with whom the actor
    19  engaged in sexual conduct or was  to  have  engaged  in  sexual  conduct
    20  pursuant  to  the  understanding,  or  the  person  who was solicited or
    21  requested by the actor to engage in sexual conduct.
    22    4. "School zone" means (a) in or on or within any building, structure,
    23  athletic playing field, playground or land  contained  within  the  real
    24  property  boundary  line  of  a public or private elementary, parochial,
    25  intermediate, junior high, vocational, or high school, or (b) any public
    26  sidewalk, street, parking lot, park, playground or private land, located
    27  immediately adjacent to the boundary line of such school.
    28    5. (a) "Advance prostitution" a person "advances  prostitution"  when,
    29  acting  other  than  as a person in prostitution or as a patron thereof,
    30  and with intent to cause prostitution, the  actor  directly  engages  in
    31  conduct that facilitates an act or enterprise of prostitution.
    32    (b)  Conduct  by  a  person  under  twenty-one  years of age shall not
    33  constitute advancing prostitution  unless  the  person  participated  in
    34  compulsion by force or intimidation or in sex trafficking, or the person
    35  whose prostitution was advanced is under seventeen years of age.
    36    6.  "Profit  from  prostitution"  a person "profits from prostitution"
    37  when, acting other than as a person in  prostitution  receiving  compen-
    38  sation  for personally rendered prostitution services, the actor accepts
    39  or receives money or other property pursuant to an agreement  or  under-
    40  standing with any person whereby the actor participates or is to partic-
    41  ipate in the proceeds of prostitution activity.
    42    §  2. Section 230.01 of the penal law, as amended by chapter 23 of the
    43  laws of 2021, is amended to read as follows:
    44  § 230.01 Prostitution; affirmative defense.
    45    In any prosecution under [section  230.00,  section  230.03,]  section
    46  230.19, [section 230.20, subdivision 2 of section 230.25,] subdivision 2
    47  of section 230.30 or section 230.34-a of this article, it is an affirma-
    48  tive  defense  that  the  defendant's participation in the offense was a
    49  result of having been a victim of compelling prostitution under  section
    50  230.33 of this article, a victim of sex trafficking under section 230.34
    51  of  this  article,  a victim of sex trafficking of a child under section
    52  230.34-a of this article or a victim of trafficking in persons under the
    53  trafficking victims protection act (United States Code, Title 22,  Chap-
    54  ter 78).
    55    § 3. Section 230.02 of the penal law is REPEALED.
    56    § 4. Section 230.03 of the penal law is REPEALED.
        A. 8605--A                          3

     1    §  5.  Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal
     2  law, sections 230.04, 230.05, 230.06 and 230.07 as amended  and  section
     3  230.08  as added by chapter 368 of the laws of 2015, are amended to read
     4  as follows:
     5  § 230.04 Patronizing a person for prostitution in the third degree.
     6    A  person  is  guilty  of patronizing a person for prostitution in the
     7  third degree when [he or she] the actor patronizes a person for  prosti-
     8  tution and the person patronized is less than eighteen years old.
     9    Patronizing a person for prostitution in the third degree is a class A
    10  misdemeanor.
    11  § 230.05 Patronizing a person for prostitution in the second degree.
    12    A  person  is  guilty  of patronizing a person for prostitution in the
    13  second degree when, being eighteen years old or more, [he  or  she]  the
    14  actor  patronizes a person for prostitution and the person patronized is
    15  less than fifteen years old.
    16    Patronizing a person for prostitution in the second degree is a  class
    17  E felony.
    18  § 230.06 Patronizing a person for prostitution in the first degree.
    19    A  person  is  guilty  of patronizing a person for prostitution in the
    20  first degree when:
    21    1. [He or she] The actor patronizes a person for prostitution and  the
    22  person patronized is less than eleven years old; or
    23    2.  Being eighteen years old or more, [he or she] the actor patronizes
    24  a person for prostitution and the person patronized is less  than  thir-
    25  teen years old.
    26    Patronizing a person for prostitution in the first degree is a class D
    27  felony.
    28  § 230.07 Patronizing a person for prostitution; defense.
    29    In  any  prosecution  for patronizing a person for prostitution in the
    30  first [or], second or third degrees or patronizing a person for  prosti-
    31  tution in a school zone, it is a defense that the defendant did not have
    32  reasonable  grounds  to  believe  that  the person was less than the age
    33  specified.
    34  § 230.08 Patronizing a person for prostitution in a school zone.
    35    [1.] A person is guilty of patronizing a person for prostitution in  a
    36  school  zone  when,  being twenty-one years old or more, [he or she] the
    37  actor patronizes a person for prostitution and the person patronized  is
    38  less  than  eighteen  years  old  at  a place that [he or she] the actor
    39  knows, or reasonably should know, is in a school zone.
    40    [2. For purposes of this section, "school  zone"  shall  mean  "school
    41  zone" as defined in subdivision two of section 230.03 of this article.]
    42    Patronizing  a  person  for prostitution in a school zone is a class E
    43  felony.
    44    § 6. Section 230.10 of the penal law,  the  section  heading  and  the
    45  opening  paragraph  as  amended  by  chapter 368 of the laws of 2015, is
    46  amended to read as follows:
    47  § 230.10 Prostitution and patronizing  a  person  for  prostitution;  no
    48             defense.
    49    In  any prosecution for prostitution or patronizing a person for pros-
    50  titution, the sex of [the two] any of the parties or prospective parties
    51  to the sexual conduct engaged in, contemplated or solicited is immateri-
    52  al[, and it is no defense that:
    53    1. Such persons were of the same sex; or
    54    2. The person who received, agreed to receive or solicited a fee was a
    55  male and the person who paid or agreed or offered to pay such fee was  a
    56  female].
        A. 8605--A                          4

     1    §  7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by
     2  chapter 368 of the laws of 2015, are amended to read as follows:
     3  § 230.11 Aggravated  patronizing  a  minor for prostitution in the third
     4             degree.
     5    A person is guilty of aggravated patronizing a minor for  prostitution
     6  in  the  third  degree  when, being twenty-one years old or more, [he or
     7  she] the actor patronizes a  person  for  prostitution  and  the  person
     8  patronized  is  less  than  seventeen years old and the person guilty of
     9  patronizing engages in sexual intercourse,  oral  sexual  conduct,  anal
    10  sexual  conduct, or aggravated sexual conduct as those terms are defined
    11  in section 130.00 of this part, with the person patronized.
    12    Aggravated patronizing a minor for prostitution in the third degree is
    13  a class E felony.
    14  § 230.12 Aggravated patronizing a minor for prostitution in  the  second
    15             degree.
    16    A  person is guilty of aggravated patronizing a minor for prostitution
    17  in the second degree when, being eighteen years old or more, [he or she]
    18  the actor patronizes a person for prostitution and the person patronized
    19  is less than fifteen years old and  the  person  guilty  of  patronizing
    20  engages in sexual intercourse, oral sexual conduct, anal sexual conduct,
    21  or  aggravated  sexual  conduct  as  those  terms are defined in section
    22  130.00 of this part, with the person patronized.
    23    Aggravated patronizing a minor for prostitution in the  second  degree
    24  is a class D felony.
    25  § 230.13 Aggravated  patronizing  a  minor for prostitution in the first
    26             degree.
    27    A person is guilty of aggravated patronizing a minor for  prostitution
    28  in  the  first degree when [he or she] the actor patronizes a person for
    29  prostitution and the person patronized is less than eleven years old, or
    30  being eighteen years old or more, [he or she]  the  actor  patronizes  a
    31  person  for prostitution and the person patronized is less than thirteen
    32  years old, and the person guilty of patronizing engages in sexual inter-
    33  course, oral sexual conduct, anal sexual conduct, or  aggravated  sexual
    34  conduct  as those terms are defined in section 130.00 of this part, with
    35  the person patronized.
    36    Aggravated patronizing a minor for prostitution in the first degree is
    37  a class B felony.
    38    § 8. Section 230.15 of the penal law is REPEALED.
    39    § 9. Section 230.19 of the penal law, as added by chapter 191  of  the
    40  laws  of  2011,  subdivision  1 as amended by chapter 368 of the laws of
    41  2015, is amended to read as follows:
    42  § 230.19 Promoting prostitution in a school zone.
    43    [1.] A person is guilty of promoting prostitution  in  a  school  zone
    44  when,  being nineteen years old or more, [he or she] the actor knowingly
    45  advances or profits from prostitution that [he or she] the  actor  knows
    46  or  reasonably  should  know  is  or  will be committed [in violation of
    47  section 230.03 of this article] in a school zone during the  hours  that
    48  school is in session.
    49    [2.  For  purposes  of  this section, "school zone" shall mean "school
    50  zone" as defined in subdivision two of section 230.03 of this article.]
    51    Promoting prostitution in a school zone is a class E felony.
    52    § 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
    53    § 11. Section 230.30 of the penal law, as amended by  chapter  368  of
    54  the laws of 2015, is amended to read as follows:
    55  § 230.30 Promoting prostitution in the second degree.
        A. 8605--A                          5

     1    A person is guilty of promoting prostitution in the second degree when
     2  [he or she] the actor knowingly:
     3    1.  Advances  prostitution  by  compelling a person by force or intim-
     4  idation to engage in prostitution, or profits from such coercive conduct
     5  by another; or
     6    2. Advances or profits from prostitution of a person less  than  eigh-
     7  teen years old.
     8    Promoting prostitution in the second degree is a class C felony.
     9    §  12. Section 230.32 of the penal law, as added by chapter 627 of the
    10  laws of 1978, the opening paragraph and subdivisions 1 and 2 as  amended
    11  by chapter 368 of the laws of 2015, is amended to read as follows:
    12  § 230.32 Promoting prostitution in the first degree.
    13    A  person is guilty of promoting prostitution in the first degree when
    14  [he or she] the actor:
    15    1. knowingly advances or profits from prostitution of  a  person  less
    16  than thirteen years old; or
    17    2. being twenty-one years old or more, [he or she] the actor knowingly
    18  advances  or  profits  from  prostitution  of a person less than fifteen
    19  years old.
    20    Promoting prostitution in the first degree is a class B felony.
    21    § 13. Section 230.33 of the penal law, as amended by  chapter  368  of
    22  the laws of 2015, is amended to read as follows:
    23  § 230.33 Compelling prostitution.
    24    A  person  is  guilty  of compelling prostitution when, being eighteen
    25  years old or more, [he or she] the actor knowingly advances prostitution
    26  by compelling a person less than eighteen years old, by force or  intim-
    27  idation, to engage in prostitution.
    28    Compelling prostitution is a class B felony.
    29    §  14.  The  opening  paragraph of section 230.34 of the penal law, as
    30  added by chapter 74 of the laws of 2007, is amended to read as follows:
    31    A person is guilty of sex trafficking if [he or she] the actor  inten-
    32  tionally advances or profits from prostitution by:
    33    §  15.  Section  230.34-a of the penal law, as added by chapter 189 of
    34  the laws of 2018, is amended to read as follows:
    35  § 230.34-a Sex trafficking of a child.
    36    [1.] A person is guilty of sex trafficking of a child when [he or she]
    37  the actor, being twenty-one years old or more, intentionally advances or
    38  profits from prostitution of another person and such person is  a  child
    39  less  than  eighteen years old. Knowledge by the defendant of the age of
    40  such child is not an element of this offense and it is not a defense  to
    41  a  prosecution  therefor  that the defendant did not know the age of the
    42  child or believed such age to be eighteen or over.
    43    [2. For purposes of this section:
    44    (a) A person "advances prostitution" when,  acting  other  than  as  a
    45  person  in prostitution or as a patron thereof, and with intent to cause
    46  prostitution, he or she directly engages in conduct that facilitates  an
    47  act or enterprise of prostitution.
    48    (b)  A person "profits from prostitution" when, acting other than as a
    49  person in prostitution receiving compensation  for  personally  rendered
    50  prostitution services, and with intent to facilitate prostitution, he or
    51  she accepts or receives money or other property pursuant to an agreement
    52  or  understanding  with any person whereby he or she participates in the
    53  proceeds of prostitution activity.]
    54    Sex trafficking of a child is a class B felony.
    55    § 16. Section 230.35 of the penal law, as amended by  chapter  368  of
    56  the laws of 2015, is amended to read as follows:
        A. 8605--A                          6

     1  § 230.35 Promoting or compelling prostitution; accomplice.
     2    In  a  prosecution  for promoting prostitution or compelling prostitu-
     3  tion, a person [less than eighteen years old]  from  whose  prostitution
     4  activity  another  person  is  alleged  to have advanced or attempted to
     5  advance or profited or attempted to profit shall not be deemed to be  an
     6  accomplice.
     7    § 17. Section 230.40 of the penal law is REPEALED.
     8    § 18. This act shall take effect immediately.

     9                                   PART B
    10       ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS

    11    Section  1.  Paragraph  (k)  of subdivision 3 of section 160.50 of the
    12  criminal procedure law, as amended by chapter 92 of the laws of 2021, is
    13  amended to read as follows:
    14    (k) (i) The conviction was for a  violation  of  article  two  hundred
    15  twenty or section 240.36 of the penal law prior to the effective date of
    16  former  article  two  hundred  twenty-one of the penal law, and the sole
    17  controlled substance involved was marihuana and the conviction was  only
    18  for a misdemeanor and/or violation; or
    19    (ii)  the  conviction  is  for an offense defined in section 221.05 or
    20  221.10 of the penal law prior to  the  effective  date  of  chapter  one
    21  hundred thirty-two of the laws of two thousand nineteen; or
    22    (iii)  the  conviction  is  for  an  offense defined in former section
    23  221.05, 221.10, 221.15, 221.20, 221.35, or 221.40 of the penal law; or
    24    (iv) the conviction was for an offense defined in  section  240.37  of
    25  the penal law; or
    26    (v)  the conviction was for a violation of section 220.03 or 220.06 of
    27  the penal law prior to the effective date of the chapter of the laws  of
    28  two  thousand  twenty-one  that  amended  this  paragraph,  and the sole
    29  controlled substance involved was concentrated cannabis; or
    30    (vi) the conviction was for an  offense  defined  in  section  222.10,
    31  222.15, 222.25 or 222.45 of the penal law[.]; or
    32    (vii)  the conviction was for a violation of penal law section 230.00,
    33  230.03, 230.20, 230.25, or 230.40 as in effect prior  to  the  effective
    34  date  of  part  A of the chapter of the laws of two thousand twenty-four
    35  that amended this section; or
    36    (viii) an order pursuant  to  subdivision  six  of  this  section  was
    37  entered.
    38    No  defendant  shall be required or permitted to waive eligibility for
    39  sealing or expungement pursuant to this section as part  of  a  plea  of
    40  guilty,  sentence  or  any  agreement  related  to  a  conviction [for a
    41  violation of section 222.10, 222.15, 222.25 or 222.45 of the penal  law]
    42  or disposition and any such waiver shall be deemed void and wholly unen-
    43  forceable.
    44    §  2. Paragraph (a) of subdivision 5 of section 160.50 of the criminal
    45  procedure law, as amended by chapter 132 of the laws of 2019, is amended
    46  to read as follows:
    47    (a) Expungement of certain [marihuana-related] records.  A  conviction
    48  for  an  offense described in paragraph (k) of subdivision three of this
    49  section shall, on and after the effective date  of  this  paragraph,  in
    50  accordance  with  the  provisions  of  this  paragraph,  be  vacated and
    51  dismissed, and all records of such conviction or convictions and related
    52  to such conviction or convictions shall be  expunged,  as  described  in
    53  subdivision  forty-five  of section 1.20 of this chapter, and the matter
    54  shall be considered terminated in favor of  the  accused  and  deemed  a
        A. 8605--A                          7

     1  nullity,  having  been  rendered  by this paragraph legally invalid. All
     2  such records for an  offense  described  in  this  paragraph  where  the
     3  conviction was entered on or before the effective date of the chapter of
     4  the  laws  of  [2019] 2024 that amended this paragraph shall be expunged
     5  promptly and, in any event, no later than one year after such  effective
     6  date.
     7    § 3. Section 160.50 of the criminal procedure law is amended by adding
     8  a new subdivision 6 to read as follows:
     9    6.  A  person  convicted under article two hundred thirty of the penal
    10  law for what no longer constitutes an offense on or after the  effective
    11  date  of  part  A of the chapter of the laws of two thousand twenty-four
    12  that added this subdivision may upon motion apply to the court in  which
    13  such  conviction  occurred, upon not less than twenty days notice to the
    14  district attorney, for an order finding  that  the  criminal  action  or
    15  proceeding  was terminated in favor of such person, and such order shall
    16  be granted unless the district attorney demonstrates to the satisfaction
    17  of the court that the interests of justice require otherwise.
    18    § 4. Paragraph (k) of subdivision 1 of section 440.10 of the  criminal
    19  procedure  law, as amended by chapter 92 of the laws of 2021, is amended
    20  to read as follows:
    21    (k) The judgment occurred prior to the effective date of part A of the
    22  chapter of the laws  of  two  thousand  [twenty-one]  twenty-three  that
    23  amended  this paragraph and is a conviction for an offense as defined in
    24  subparagraphs (i), (ii), (iii) [or], (iv), or (vii) of paragraph (k)  of
    25  subdivision  three  of  section  160.50  of this part, in which case the
    26  court shall presume that a conviction by  plea  for  the  aforementioned
    27  offenses  was not knowing, voluntary and intelligent if it has severe or
    28  ongoing consequences, including but not limited to potential  or  actual
    29  immigration consequences, and shall presume that a conviction by verdict
    30  for the aforementioned offenses constitutes cruel and unusual punishment
    31  under  section  five  of article one of the state constitution, based on
    32  those consequences. The people may rebut these presumptions.
    33    § 5. Subdivision 5 of section 1310  of  the  civil  practice  law  and
    34  rules,  as  added by chapter 669 of the laws of 1984, is amended to read
    35  as follows:
    36    5. "Post-conviction forfeiture crime" means any felony defined in  the
    37  penal  law  or  any other chapter of the consolidated laws of the state.
    38  However, this shall not include any felony  under  article  two  hundred
    39  thirty of the penal law in effect prior to the effective date of a chap-
    40  ter  of the laws of two thousand twenty-four which amended this subdivi-
    41  sion, unless it was also a felony under that article on  or  after  that
    42  date.
    43    § 6. Section 60.47 of the criminal procedure law is REPEALED.
    44    §  7. Subdivision 4 of section 170.30 of the criminal procedure law is
    45  REPEALED.
    46    § 8. Section 170.80 of the criminal procedure law is REPEALED.
    47    § 9. Subdivision 2 of section 420.35 of the criminal procedure law, as
    48  amended by chapter 23 of the  laws  of  2021,  is  amended  to  read  as
    49  follows:
    50    2. Except as provided in this subdivision or subdivision two-a of this
    51  section,  under  no  circumstances  shall  the  mandatory surcharge, sex
    52  offender registration fee, DNA databank fee or the crime victim  assist-
    53  ance  fee  be  waived.  A court shall waive any mandatory surcharge, DNA
    54  databank fee and crime victim assistance fee when: (i) the defendant  is
    55  convicted  of  [prostitution under section 230.00 of the penal law; (ii)
    56  the defendant is convicted of a violation in the event  such  conviction
        A. 8605--A                          8

     1  is  in  lieu  of  a plea to or conviction for prostitution under section
     2  230.00 of the penal law; (iii)] a violation of article two hundred thir-
     3  ty or section 240.37 of the penal law, as in effect prior to the  effec-
     4  tive  date  of  a  chapter of the laws of two thousand twenty-four which
     5  amended this subdivision, unless the violation is an offense  under  law
     6  in effect on and after that effective date; or (ii) the court finds that
     7  a  defendant  is a victim of sex trafficking under section 230.34 of the
     8  penal law, sex trafficking of a child  under  section  230.34-a  of  the
     9  penal law, or [a victim of] trafficking in persons under the trafficking
    10  victims  protection  act (United States Code, Title 22, Chapter 78)[; or
    11  (iv) the court finds that the defendant is a victim of  sex  trafficking
    12  of a child under section 230.34-a of the penal law].
    13    § 10. Subdivision 4 of section 720.15 of the criminal procedure law is
    14  REPEALED.
    15    §  11.  Subdivision 1 of section 720.35 of the criminal procedure law,
    16  as amended by chapter 23 of the laws of 2021,  is  amended  to  read  as
    17  follows:
    18    1.  A  youthful  offender adjudication is not a judgment of conviction
    19  for a crime or any other offense, and does not operate  as  a  disquali-
    20  fication  of  any  person  so  adjudged  to hold public office or public
    21  employment or to receive any license granted  by  public  authority  but
    22  shall be deemed a conviction only for the purposes of transfer of super-
    23  vision  and  custody pursuant to section two hundred fifty-nine-m of the
    24  executive law. [A defendant for whom a  youthful  offender  adjudication
    25  was substituted, who was originally charged with prostitution as defined
    26  in  section  230.00  of  the  penal  law,  shall  be  deemed a "sexually
    27  exploited child" as defined in subdivision one of section  four  hundred
    28  forty-seven-a  of  the  social  services  law and therefore shall not be
    29  considered an adult for purposes related to the charges in the  youthful
    30  offender  proceeding  or a proceeding under section 170.80 of this chap-
    31  ter.]
    32    § 12. The office of court  administration  shall  establish  and  make
    33  available  all  necessary  forms for proceedings under this act no later
    34  than sixty days following the effective date of this section.
    35    § 13. This act shall take effect on the thirtieth day after  it  shall
    36  have become a law.

    37                                   PART C
    38                          OTHER CONFORMING CHANGES

    39    Section 1. Subdivision 1 of section 12 of the multiple dwelling law is
    40  amended to read as follows:
    41    1.  It  shall  be unlawful to use any multiple dwelling or any part of
    42  the lot or premises thereof for the purpose of criminal conduct  related
    43  to  prostitution  [or  assignation of any description] under article two
    44  hundred thirty of the penal law. This subdivision shall  only  apply  to
    45  conduct  involving  prostitution  activity  in  violation of article two
    46  hundred thirty of the penal law on or after  the  effective  date  of  a
    47  chapter of the laws of two thousand twenty-four that amended this subdi-
    48  vision.
    49    § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as
    50  amended  by  chapter  310  of  the  laws of 1962, are amended to read as
    51  follows:
    52    § 351. Lien.  A multiple dwelling shall be subject to a penalty of one
    53  thousand dollars if it or any part of it shall be used  as  a  house  of
    54  prostitution [or assignation] in violation of article two hundred thirty
        A. 8605--A                          9

     1  of  the  penal  law  with  the permission of the owner, and such penalty
     2  shall be a lien upon the dwelling and lot upon  which  it  is  situated.
     3  This section shall only apply to conduct involving prostitution activity
     4  in  violation of article two hundred thirty of the penal law on or after
     5  the effective date of a chapter of the laws of two thousand  twenty-four
     6  that amended this section.
     7    §  352.  Recovery  of  premises.   If a multiple dwelling, or any part
     8  thereof, shall be used as a house of prostitution  [or  assignation]  in
     9  violation  of  article  two  hundred  thirty  of  the penal law with the
    10  permission of the lessee or [his] the lessee's agent, the lease shall be
    11  terminable at the election of the lessor, and the owner shall  be  enti-
    12  tled  to  recover  possession  of  said premises by summary proceedings.
    13  This section shall only apply to conduct involving prostitution activity
    14  in violation of article two hundred thirty of the penal law on or  after
    15  the  effective date of a chapter of the laws of two thousand twenty-four
    16  that amended this section.
    17    § 3. Section 2320 of the public health  law  is  amended  to  read  as
    18  follows:
    19    § 2320. Houses of prostitution; equipment; nuisance.  1. Whoever shall
    20  erect,  establish,  continue, maintain, use, own, or lease any building,
    21  erection, or place used for the purpose of [lewdness,  assignation,  or]
    22  prostitution  activity in violation of article two hundred thirty of the
    23  penal law is guilty of maintaining a nuisance.
    24    2. The building, erection, or place, or the ground itself, in or  upon
    25  which any [lewdness, assignation, or] prostitution activity in violation
    26  of  article two hundred thirty of the penal law is conducted, permitted,
    27  or carried on,  continued,  or  exists,  and  the  furniture,  fixtures,
    28  musical  instruments,  and  movable property used in conducting or main-
    29  taining such nuisance, are hereby declared to be a nuisance and shall be
    30  enjoined and abated as hereafter provided.
    31    3. This article shall only apply  to  conduct  involving  prostitution
    32  activity  in violation of article two hundred thirty of the penal law on
    33  or after the effective date of this subdivision.
    34    § 4. Subdivision 5 of section 711 of the  real  property  actions  and
    35  proceedings law, as added by section 312 of the laws of 1962, is amended
    36  to read as follows:
    37    5.  The  premises,  or  any  part  thereof, are used or occupied [as a
    38  bawdy-house, or house or place of assignation for lewd persons, or]  for
    39  purposes  of  prostitution  activity in violation of article two hundred
    40  thirty of the penal law, or for any illegal  trade  or  manufacture,  or
    41  other  illegal  business.  As  used  in  this subdivision, "prostitution
    42  activity" shall only mean conduct in violation of  article  two  hundred
    43  thirty  of  the penal law on or after the effective date of a chapter of
    44  the laws of two thousand twenty-four that amended this subdivision.
    45    § 5. Subdivisions 1 and 2 of section 715 of the real property  actions
    46  and proceedings law, subdivision 1 as amended by chapter 555 of the laws
    47  of  1978,  subdivision  2 as amended by chapter 368 of the laws of 2015,
    48  are amended to read as follows:
    49    1. An owner or tenant, including a tenant of one or more rooms  of  an
    50  apartment  house,  tenement  house or multiple dwelling, of any premises
    51  within two hundred feet from other demised real property [used or  occu-
    52  pied in whole or in part as a bawdy-house, or house or place of assigna-
    53  tion  for  lewd  persons,  or]  for purposes of prostitution activity in
    54  violation of article two hundred thirty of the penal  law,  or  for  any
    55  illegal  trade,  business  or  manufacture,  or any domestic corporation
    56  organized for the suppression of vice, subject to or  which  submits  to
        A. 8605--A                         10

     1  visitation  by  the  state department of social services and possesses a
     2  certificate from such department of such fact  and  of  conformity  with
     3  regulations of the department, or any duly authorized enforcement agency
     4  of  the  state  or of a subdivision thereof, under a duty to enforce the
     5  provisions of the penal law or of any state  or  local  law,  ordinance,
     6  code,  rule  or  regulation  relating to buildings, may serve personally
     7  upon the owner or landlord of the premises so used or occupied, or  upon
     8  [his]  the lessee's agent, a written notice requiring the owner or land-
     9  lord to make an application for the removal of the person  so  using  or
    10  occupying the same. If the owner or landlord or [his] the lessee's agent
    11  does  not  make such application within five days thereafter; or, having
    12  made it, does not in good faith diligently  prosecute  it,  the  person,
    13  corporation or enforcement agency giving the notice may bring a proceed-
    14  ing  under  this  article for such removal as though the petitioner were
    15  the owner or landlord of the premises, and shall  have  precedence  over
    16  any  similar  proceeding thereafter brought by such owner or landlord or
    17  to one theretofore brought by [him] such owner or landlord and not pros-
    18  ecuted diligently and in good faith. [Proof of the  ill  repute  of  the
    19  demised premises or of the inmates thereof or of those resorting thereto
    20  shall constitute presumptive evidence of the unlawful use of the demised
    21  premises  required  to  be stated in the petition for removal.] Both the
    22  person in possession of the property and the owner or landlord shall  be
    23  made respondents in the proceeding.  As used in this subdivision, "pros-
    24  titution  activity"  shall only mean conduct in violation of article two
    25  hundred thirty of the penal law on or after  the  effective  date  of  a
    26  chapter of the laws of two thousand twenty-four that amended this subdi-
    27  vision.
    28    2. For purposes of this section, two or more convictions of any person
    29  or  persons  had,  within  a period of one year, for any of the offenses
    30  described in section [230.00,] 230.05, 230.06, 230.11,  230.12,  230.13,
    31  [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law arising
    32  out  of  conduct  engaged  in  at the same real property consisting of a
    33  dwelling as that term is defined in subdivision four of section four  of
    34  the  multiple  dwelling  law  shall  be  presumptive evidence of conduct
    35  constituting use of the premises for purposes of prostitution  activity.
    36  However,  this  subdivision shall only apply to an offense under article
    37  two hundred thirty of the penal law in effect on or after the  effective
    38  date  of  a chapter of the laws of two thousand twenty-four that amended
    39  this subdivision.
    40    § 6. Subdivision 3 of section 231 of the real property law, as amended
    41  by chapter 368 of the laws of 2015, is amended to read as follows:
    42    3. For the purposes of this section, two or more  convictions  of  any
    43  person  or  persons  had,  within  a  period of one year, for any of the
    44  offenses described in section [230.00,] 230.05, 230.06, 230.11,  230.12,
    45  230.13, [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law
    46  arising  out  of conduct engaged in at the same premises consisting of a
    47  dwelling as that term is defined in subdivision four of section four  of
    48  the  multiple dwelling law shall be presumptive evidence of unlawful use
    49  of such premises and of the owners knowledge of the same.  However, this
    50  subdivision shall only apply to an offense  under  article  two  hundred
    51  thirty  of  the  penal law in effect on or after the effective date of a
    52  chapter of the laws of two thousand twenty-four that amended this subdi-
    53  vision.
    54    § 7. Paragraph 3 of subdivision b of section 233 of the real  property
    55  law,  as  amended by chapter 566 of the laws of 1996, is amended to read
    56  as follows:
        A. 8605--A                         11

     1    3. The premises, or any part thereof,  are  used  or  occupied  [as  a
     2  bawdy-house,  or house or place of assignation for lewd purposes or] for
     3  purposes of prostitution activity in violation of  article  two  hundred
     4  thirty  of  the penal law, or for any illegal trade or business. As used
     5  in  this  paragraph,  "prostitution activity" shall only mean conduct in
     6  violation of article two hundred thirty of the penal law on or after the
     7  effective date of a chapter of the laws of two thousand twenty-four that
     8  amended this paragraph.
     9    § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of  the
    10  vehicle  and traffic law, paragraph (b) as amended by chapter 400 of the
    11  laws of 2011, paragraph (c) as amended by chapter  92  of  the  laws  of
    12  2021, are amended to read as follows:
    13    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    14  subdivision one and paragraph (b) of subdivision  two  of  this  section
    15  that  result  in  permanent  disqualification shall include a conviction
    16  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    17  125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
    18  220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of  the
    19  penal  law  or  an attempt to commit any of the aforesaid offenses under
    20  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    21  former section of the penal law which would constitute violations of the
    22  aforesaid  sections  of the penal law, or any offenses committed outside
    23  this state which would constitute violations of the  aforesaid  sections
    24  of the penal law.
    25    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
    26  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    27  of this section that result in disqualification for  a  period  of  five
    28  years  shall include a conviction under sections 100.10, 105.13, 115.05,
    29  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    30  [125.40,  125.45,]  130.20,  130.25,  130.52,  130.55,  135.10,  135.55,
    31  140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,  220.06,
    32  220.09,  220.16,  220.31,  220.34,  220.60,  220.65,  subdivision two of
    33  section 222.50, subdivision two of  section  222.55,  [230.00,]  230.05,
    34  230.06,  230.11,  230.12,  230.13,  230.19,  [230.20,]  235.05,  235.06,
    35  235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
    36  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
    37  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
    38  esaid offenses under section 110.00 of the penal  law,  or  any  similar
    39  offenses  committed  under  a  former  section  of the penal law, or any
    40  offenses committed under a former section of the penal law  which  would
    41  constitute violations of the aforesaid sections of the penal law, or any
    42  offenses  committed outside this state which would constitute violations
    43  of the aforesaid sections of the penal law.
    44    § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and  traffic
    45  law,  as amended by chapter 189 of the laws of 2018, are amended to read
    46  as follows:
    47    1. A class E driver's license shall be suspended by  the  commissioner
    48  for a period of one year where the holder is convicted of a violation of
    49  section  [230.20,  230.25,]  230.30,  230.32,  230.34,  or  230.34-a [or
    50  230.40] of the penal law and the holder used a for hire motor vehicle to
    51  commit such crime.
    52    2. A class E driver's license may be revoked by the commissioner  when
    53  the holder, who had his or her driver's license suspended under subdivi-
    54  sion  one  of  this section within the last ten years, is convicted of a
    55  second violation of section [230.20, 230.25,] 230.30, 230.32, 230.34, or
        A. 8605--A                         12

     1  230.34-a [or 230.40] of the penal law and the holder  used  a  for  hire
     2  motor vehicle to commit such crime.
     3    §  10.  Subdivision (a) of section 7-703 of the administrative code of
     4  the city of New York is amended to read as follows:
     5    (a) Any building, erection or  place,  including  one-  or  two-family
     6  dwellings,  used  for the purpose of prostitution [as defined in section
     7  230.00] activity in violation of article two hundred thirty of the penal
     8  law. Two or more criminal convictions of persons for [acts of] prostitu-
     9  tion activity in violation of article two hundred thirty  of  the  penal
    10  law  in  the  building,  erection or place, including one- or two-family
    11  dwellings, within the one-year period preceding the commencement  of  an
    12  action under this chapter, shall be presumptive evidence that the build-
    13  ing,  erection  or  place,  including one- or two-family dwellings, is a
    14  public nuisance. In any action under this subdivision, evidence  of  the
    15  common  fame  and general reputation of the building, erection or place,
    16  including one- or two-family dwellings,  of  the  inmates  or  occupants
    17  thereof,  or  of those resorting thereto, shall be competent evidence to
    18  prove the existence of the public nuisance. If evidence of  the  general
    19  reputation of the building, erection or place, including one- or two-fa-
    20  mily dwellings, or of the inmates or occupants thereof, is sufficient to
    21  establish  the existence of the public nuisance, it shall be prima facie
    22  evidence of knowledge thereof and acquiescence and participation therein
    23  and responsibility for the nuisance, on the part of the owners, lessors,
    24  lessees and all those in possession of or having charge of, as agent  or
    25  otherwise,  or  having any interest in any form in the property, real or
    26  personal, used in conducting or maintaining the public nuisance. As used
    27  in this subdivision, "prostitution activity" shall only mean conduct  in
    28  violation of article two hundred thirty of the penal law on or after the
    29  effective date of a chapter of the laws of two thousand twenty-four that
    30  amended this subdivision;
    31    §  11.  Subdivision  f of section 20-247 of the administrative code of
    32  the city of New York is amended to read as follows:
    33    f. It shall be unlawful for any licensee to guide or direct any person
    34  to [a place of ill repute, house of ill fame or assignation, or  to  any
    35  house  or place of amusement kept for immoral purposes, or to] any place
    36  resorted to for the purpose of prostitution  activity  in  violation  of
    37  article  two  hundred  thirty  of the penal law or gambling. It shall be
    38  unlawful for any such licensee to  impart  any  information  as  to  the
    39  location  or  address  of  any  such houses or places, or to solicit the
    40  patronage of any person or persons  for  any  hotel,  lodging  house  or
    41  boarding  house  or  place  of  temporary or permanent abode, or for any
    42  place where refreshments are served or amusement of any  type  provided.
    43  As  used  in  this  subdivision, "prostitution activity" shall only mean
    44  conduct in violation of article two hundred thirty of the penal  law  on
    45  or  after  the  effective  date of a chapter of the laws of two thousand
    46  twenty-four that amended this subdivision.
    47    § 12. This act shall take effect on the thirtieth day after  it  shall
    48  have become a law.
    49    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    50  sion, section or part of this act shall be adjudged by a court of compo-
    51  nent  jurisdiction to be invalid, such judgment shall not affect, impair
    52  or invalidate the remainder thereof, but shall be confined in its opera-
    53  tion to the clause, sentence, paragraph, subdivision,  section  or  part
    54  thereof  directly  involved  in  the  controversy in which such judgment
    55  shall have been rendered. It is hereby declared to be the intent of  the
        A. 8605--A                         13

     1  legislature  that  this act would have been enacted even if such invalid
     2  provisions had not been included herein.
     3    §  3.  This act shall take effect immediately; provided, however, that
     4  the applicable effective date of Parts A through C of this act shall  be
     5  as specifically set forth in the last section of such Parts.