Bill Text: NY S04937 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-03 - REFERRED TO CODES [S04937 Detail]
Download: New_York-2017-S04937-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4937 2017-2018 Regular Sessions IN SENATE March 3, 2017 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the correction law, the criminal proce- dure law, the civil rights law, the family court act, the mental hygiene law, the multiple dwelling law, the public health law, the real property actions and proceedings law, the real property law and the vehicle and traffic law, in relation to prostitution offenses and creating the crime of sexual exploitation of a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 230.00 of the penal law, as amended by chapter 169 2 of the laws of 1969, is amended to read as follows: 3 § 230.00 [Prostitution] Criminal prostitution. 4 A person is guilty of criminal prostitution when, being seventeen 5 years old or more, such person engages or agrees or offers to engage in 6 sexual conduct with another person in return for a fee. 7 [Prostitution] Criminal prostitution is a class B [Misdemeanor] misde- 8 meanor. 9 § 2. The penal law is amended by adding a new section 230.00-a to read 10 as follows: 11 § 230.00-a Unlawful prostitution. 12 A person is guilty of unlawful prostitution when, being less than 13 seventeen years old, such person engages or agrees or offers to engage 14 in sexual conduct with another person in return for a fee. 15 Unlawful prostitution is a violation, provided, however, that any 16 person who has previously been convicted of a crime defined in this 17 article or section 240.37 of this part shall be guilty of a class B 18 misdemeanor. 19 § 3. Sections 230.05 and 230.06 of the penal law, as amended by chap- 20 ter 368 of the laws of 2015, are amended to read as follows: 21 § 230.05 Patronizing a person for prostitution in the second degree. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07126-01-7S. 4937 2 1 A person is guilty of patronizing a person for prostitution in the 2 second degree when, being [eighteen] twenty-one years old or more, he or 3 she patronizes a person for prostitution and the person patronized is 4 less than [fifteen] seventeen years old. 5 Patronizing a person for prostitution in the second degree is a class 6 E felony. 7 § 230.06 Patronizing a person for prostitution in the first degree. 8 A person is guilty of patronizing a person for prostitution in the 9 first degree when[:101. He or she patronizes a person for prostitution and the person11patronized is less than eleven years old; or122. Being] being eighteen years old or more, he or she patronizes a 13 person for prostitution and the person patronized is less than [thir-14teen] fifteen years old. 15 Patronizing a person for prostitution in the first degree is a class D 16 felony. 17 § 4. The penal law is amended by adding a new section 230.06-a to read 18 as follows: 19 § 230.06-a Sexual exploitation of a child. 20 A person is guilty of sexual exploitation of a child when: 21 1. Being eighteen years of age or more he or she patronizes a prosti- 22 tute and the person patronized is less than thirteen years of age; or 23 2. He or she patronizes a prostitute and the person patronized is less 24 than eleven years of age. 25 Sexual exploitation of a child is a class B felony. 26 § 5. Section 230.07 of the penal law, as amended by chapter 368 of the 27 laws of 2015, is amended to read as follows: 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 degrees, sexual exploitation of a child or patronizing a 31 person for prostitution in a school zone, it is [a] an affirmative 32 defense that the defendant did not have reasonable grounds to believe 33 that the person was less than the age specified. 34 § 6. The opening paragraph of section 230.10 of the penal law, as 35 amended by chapter 368 of the laws of 2015, is amended to read as 36 follows: 37 In any prosecution for sexual exploitation of a child, prostitution or 38 patronizing a person for prostitution, the sex of the two parties or 39 prospective parties to the sexual conduct engaged in, contemplated or 40 solicited is immaterial, and it is no defense that: 41 § 7. The penal law is amended by adding a new section 230.14 to read 42 as follows: 43 § 230.14 Prostitution; defense. 44 In any prosecution for unlawful prostitution or criminal prostitution, 45 it is an affirmative defense that the defendant is a victim of sex traf- 46 ficking. 47 § 8. Subdivision 2 of section 240.37 of the penal law, as amended by 48 chapter 368 of the laws of 2015, is amended to read as follows: 49 2. Any person who remains or wanders about in a public place and 50 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to 51 stop, or repeatedly attempts to engage passers-by in conversation, or 52 repeatedly stops or attempts to stop motor vehicles, or repeatedly 53 interferes with the free passage of other persons, for the purpose of 54 prostitution as that term is defined in article two hundred thirty of 55 this part, shall be guilty of a violation and is guilty of a class BS. 4937 3 1 misdemeanor if such person has previously been convicted of a violation 2 of this section or of section 230.00 or 230.00-a of this part. 3 § 9. Section 60.13 of the penal law, as amended by chapter 368 of the 4 laws of 2015, is amended to read as follows: 5 § 60.13 Authorized dispositions; felony sex offenses. 6 When a person is to be sentenced upon a conviction for any felony 7 defined in article one hundred thirty of this chapter, including a sexu- 8 ally motivated felony, or patronizing a person for prostitution in the 9 first degree as defined in section 230.06 of this chapter, sexual 10 exploitation of a child as defined in section 230.06-a of this chapter, 11 aggravated patronizing a minor for prostitution in the third degree as 12 defined in section 230.11 of this chapter, aggravated patronizing a 13 minor for prostitution in the second degree as defined in section 230.12 14 of this chapter, aggravated patronizing a minor for prostitution in the 15 first degree as defined in section 230.13 of this chapter, incest in the 16 second degree as defined in section 255.26 of this chapter, or incest in 17 the first degree as defined in section 255.27 of this chapter, or a 18 felony attempt or conspiracy to commit any of these crimes, the court 19 must sentence the defendant in accordance with the provisions of section 20 70.80 of this title. 21 § 10. Paragraph (a) of subdivision 1 of section 70.80 of the penal 22 law, as amended by chapter 368 of the laws of 2015, is amended to read 23 as follows: 24 (a) For the purposes of this section, a "felony sex offense" means a 25 conviction of any felony defined in article one hundred thirty of this 26 chapter, including a sexually motivated felony, or patronizing a person 27 for prostitution in the first degree as defined in section 230.06 of 28 this chapter, patronizing a person for prostitution in the second degree 29 as defined in section 230.05 of this chapter, sexual exploitation of a 30 child as defined in section 230.06-a of this chapter, aggravated patron- 31 izing a minor for prostitution in the third degree as defined in section 32 230.11 of this chapter, aggravated patronizing a minor for prostitution 33 in the second degree as defined in section 230.12 of this chapter, 34 aggravated patronizing a minor for prostitution in the first degree as 35 defined in section 230.13 of this chapter, incest in the second degree 36 as defined in section 255.26 of this chapter, or incest in the first 37 degree as defined in section 255.27 of this chapter, or a felony attempt 38 or conspiracy to commit any of the above. 39 § 11. Subparagraph (i) of paragraph (a) of subdivision 2 of section 40 168-a of the correction law, as amended by chapter 368 of the laws of 41 2015, is amended to read as follows: 42 (i) a conviction of or a conviction for an attempt to commit any of 43 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 44 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two 45 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 46 or 135.25 of such law relating to kidnapping offenses, provided the 47 victim of such kidnapping or related offense is less than seventeen 48 years old and the offender is not the parent of the victim, or section 49 230.04, where the person patronized is in fact less than seventeen years 50 of age, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision 51 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 52 law, or section 230.25 of the penal law where the person prostituted is 53 in fact less than seventeen years old, or 54 § 12. Subdivision 2 of section 60.42 of the criminal procedure law, as 55 added by chapter 230 of the laws of 1975, is amended to read as follows:S. 4937 4 1 2. proves or tends to prove that the victim has been convicted of an 2 offense under section 230.00 or 230.00-a of the penal law within three 3 years prior to the sex offense which is the subject of the prosecution; 4 or 5 § 13. Paragraph (d) of subdivision 1 of section 160.10 of the criminal 6 procedure law, as amended by chapter 232 of the laws of 2010, is amended 7 and a new paragraph (e) is added to read as follows: 8 (d) Loitering for the purpose of engaging in a prostitution offense 9 as defined in subdivision two of section 240.37 of the penal law[.]; or 10 (e) Unlawful prostitution as defined in section 230.00-a of the penal 11 law. 12 § 14. Subdivision 6 of section 380.50 of the criminal procedure law, 13 as separately amended by chapters 368 and 394 of the laws of 2015, is 14 amended to read as follows: 15 6. Regardless of whether the victim requests to make a statement with 16 regard to the defendant's sentence, where the defendant is sentenced for 17 a violent felony offense as defined in section 70.02 of the penal law or 18 a felony defined in article one hundred twenty-five of such law or any 19 of the following provisions of such law sections 130.25, 130.30, 130.40, 20 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 21 135.25, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision 22 two of section 230.30 or 230.32, the prosecutor shall, within sixty days 23 of the imposition of sentence, provide the victim with a form, prepared 24 and distributed by the commissioner of the division of criminal justice 25 services, in consultation with the director of the office of victim 26 services, on which the victim may indicate a demand to be informed of 27 any petition to change the name of such defendant. Such forms shall be 28 maintained by such prosecutor. Upon receipt of a notice of a petition to 29 change the name of any such defendant, pursuant to subdivision two of 30 section sixty-two of the civil rights law, the prosecutor shall promptly 31 notify the victim at the most current address or telephone number 32 provided by such victim in the most reasonable and expedient possible 33 manner of the time and place such petition will be presented to the 34 court. 35 § 15. Subdivision 2 of section 61 of the civil rights law, as amended 36 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 37 is amended to read as follows: 38 2. If the petitioner stands convicted of a violent felony offense as 39 defined in section 70.02 of the penal law or a felony defined in article 40 one hundred twenty-five of such law or any of the following provisions 41 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 42 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 43 230.06-a, subdivision two of section 230.30 or 230.32, and is currently 44 confined as an inmate in any correctional facility or currently under 45 the supervision of the department of corrections and community super- 46 vision or a county probation department as a result of such conviction, 47 the petition shall for each such conviction specify such felony 48 conviction, the date of such conviction or convictions, and the court in 49 which such conviction or convictions were entered. 50 § 16. Subdivision 2 of section 62 of the civil rights law, as amended 51 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 52 is amended to read as follows: 53 2. If the petition be to change the name of a person currently 54 confined as an inmate in any correctional facility or currently under 55 the supervision of the department of corrections and community super- 56 vision or a county probation department as a result of a conviction forS. 4937 5 1 a violent felony offense as defined in section 70.02 of the penal law or 2 a felony defined in article one hundred twenty-five of such law or any 3 of the following provisions of such law sections 130.25, 130.30, 130.40, 4 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 5 135.25, 230.05, 230.06, 230.06-a, subdivision two of section 230.30 or 6 230.32, notice of the time and place when and where the petition will be 7 presented shall be served, in like manner as a notice of a motion upon 8 an attorney in an action, upon the district attorney of every county in 9 which such person has been convicted of such felony and upon the court 10 or courts in which the sentence for such felony was entered. Unless a 11 shorter period of time is ordered by the court, said notice shall be 12 served upon each such district attorney and court or courts not less 13 than sixty days prior to the date on which such petition is noticed to 14 be heard. 15 § 17. The closing paragraph of section 64 of the civil rights law, as 16 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 17 amended to read as follows: 18 Upon compliance with the order and the filing of the affidavit of the 19 publication, as provided in this section, the clerk of the court in 20 which the order has been entered shall certify that the order has been 21 complied with; and, if the petition states that the petitioner stands 22 convicted of a violent felony offense as defined in section 70.02 of the 23 penal law or a felony defined in article one hundred twenty-five of such 24 law or any of the following provisions of such law sections 130.25, 25 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred 26 sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-a, subdivision two 27 of section 230.30 or 230.32, such clerk (1) shall deliver, by first 28 class mail, a copy of such certified order to the division of criminal 29 justice services at its office in the county of Albany and (2) upon the 30 clerk of the court reviewing the petitioner's application for name 31 change and subsequent in-court inquiry, may, in the clerk's discretion, 32 deliver, by first class mail, the petitioner's new name with such certi- 33 fied order to the court of competent jurisdiction which imposed the 34 orders of support. Such certification shall appear on the original 35 order and on any certified copy thereof and shall be entered in the 36 clerk's minutes of the proceeding. 37 § 18. Subdivision 2 of section 344.4 of the family court act, as added 38 by chapter 761 of the laws of 1987, is amended to read as follows: 39 2. proves or tends to prove that the victim has been convicted of an 40 offense under section 230.00 or 230.00-a of the penal law within three 41 years prior to the sex offense which is the subject of the juvenile 42 delinquency proceeding; or 43 § 19. Subdivision (p) of section 10.03 of the mental hygiene law, as 44 amended by chapter 368 of the laws of 2015, is amended to read as 45 follows: 46 (p) "Sex offense" means an act or acts constituting: (1) any felony 47 defined in article one hundred thirty of the penal law, including a 48 sexually motivated felony; (2) patronizing a person for prostitution in 49 the first degree as defined in section 230.06 of the penal law, sexual 50 exploitation of a child as defined in section 230.06-a of the penal law, 51 aggravated patronizing a minor for prostitution in the first degree as 52 defined in section 230.13 of the penal law, aggravated patronizing a 53 minor for prostitution in the second degree as defined in section 230.12 54 of the penal law, aggravated patronizing a minor for prostitution in the 55 third degree as defined in section 230.11 of the penal law, incest in 56 the second degree as defined in section 255.26 of the penal law, orS. 4937 6 1 incest in the first degree as defined in section 255.27 of the penal 2 law; (3) a felony attempt or conspiracy to commit any of the foregoing 3 offenses set forth in this subdivision; or (4) a designated felony, as 4 defined in subdivision (f) of this section, if sexually motivated and 5 committed prior to the effective date of this article. 6 § 20. Subdivision 2 of section 353 of the multiple dwelling law, as 7 amended by chapter 680 of the laws of 1967, is amended to read as 8 follows: 9 2. If there be two or more convictions in such dwelling within a peri- 10 od of six months, under [sections] section 230.00, 230.00-a, 230.25, or 11 230.40 of the penal law. 12 § 21. Section 2324-a of the public health law, as amended by chapter 13 368 of the laws of 2015, is amended to read as follows: 14 § 2324-a. Presumptive evidence. For the purposes of this title, two or 15 more convictions of any person or persons had, within a period of one 16 year, for any of the offenses described in section 230.00, 230.00-a, 17 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30 18 or 230.32 of the penal law arising out of conduct engaged in at the same 19 real property consisting of a dwelling as that term is defined in subdi- 20 vision four of section four of the multiple dwelling law shall be 21 presumptive evidence of conduct constituting use of the premises for 22 purposes of prostitution. 23 § 22. Subdivision 2 of section 715 of the real property actions and 24 proceedings law, as amended by chapter 368 of the laws of 2015, is 25 amended to read as follows: 26 2. For purposes of this section, two or more convictions of any person 27 or persons had, within a period of one year, for any of the offenses 28 described in section 230.00, 230.00-a, 230.05, 230.06, 230.11, 230.12, 29 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris- 30 ing out of conduct engaged in at the same real property consisting of a 31 dwelling as that term is defined in subdivision four of section four of 32 the multiple dwelling law shall be presumptive evidence of conduct 33 constituting use of the premises for purposes of prostitution. 34 § 23. Subdivision 3 of section 231 of the real property law, as 35 amended by chapter 368 of the laws of 2015, is amended to read as 36 follows: 37 3. For the purposes of this section, two or more convictions of any 38 person or persons had, within a period of one year, for any of the 39 offenses described in section 230.00, 230.00-a, 230.05, 230.06, 230.11, 40 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal 41 law arising out of conduct engaged in at the same premises consisting of 42 a dwelling as that term is defined in subdivision four of section four 43 of the multiple dwelling law shall be presumptive evidence of unlawful 44 use of such premises and of the owners knowledge of the same. 45 § 24. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 46 and traffic law, as amended by chapter 368 of the laws of 2015, is 47 amended to read as follows: 48 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 49 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 50 of this section that result in disqualification for a period of five 51 years shall include a conviction under sections 100.10, 105.13, 115.05, 52 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 53 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 54 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 55 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 56 230.00-a, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, 230.19,S. 4937 7 1 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivi- 2 sion two of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 3 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to commit 4 any of the aforesaid offenses under section 110.00 of the penal law, or 5 any similar offenses committed under a former section of the penal law, 6 or any offenses committed under a former section of the penal law which 7 would constitute violations of the aforesaid sections of the penal law, 8 or any offenses committed outside this state which would constitute 9 violations of the aforesaid sections of the penal law. 10 § 25. This act shall take effect on the ninetieth day after it shall 11 have become a law.
