senate Bill S128

Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies; defines the class B felony of promoting prostitution in the first degree to be the advancing or profiting from the prostitution of a person under 16 years of age.

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Bill Details

See Assembly Version of this Bill:
A2635
Versions:
S128
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง70.02, 230.30 & 230.32, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S5919, A8990

Sponsor Memo

BILL NUMBER:S128

TITLE OF BILL:
An act
to amend the penal law, in relation to designating promoting
prostitution in the first degree, compelling prostitution and
sex trafficking as
class B violent felony offenses and the prostitution of minors

PURPOSE:
Designates promoting prostitution in the first degree, compelling
prostitution and sex trafficking as class B violent felonies and
amends promoting prostitution in the first degree to include victims
older than eleven years old but younger than sixteen years old.

SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 1 of section 70.02 of
the penal law to include promoting prostitution in the first degree
as defined by section 230.32, compelling prostitution as defined by
section 230.33, and sex trafficking as defined in section 230.34
within the list of violent B felonies.

Section 2 and section 3 amend sections 230.30 and 230.32 of the penal
law to raise promoting the prostitution of persons age eleven to
sixteen from a C to a B felony.

JUSTIFICATION:
There are few crimes more abhorrent than forcing a helpless person into
the sex trade against his or her will. While New York State's sex
trafficking laws are among the most comprehensive in the nation, the
current law does not reflect the inherent violence of sex
trafficking, compelled prostitution or advancing the prostitution of
a child. These crimes share the explicit violence of force and the
implicit violence of compulsion and restraint. Categorizing them as
violent felonies for the purpose of sentencing would simply reflect
their true nature and gravity.

LEGISLATIVE HISTORY:
2011-12: S.5919

FISCAL IMPLICATIONS:
No fiscal implications.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law and shall apply to
offenses committed on or after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   128

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law,  in  relation  to  designating  promoting
  prostitution  in  the  first  degree,  compelling prostitution and sex
  trafficking as class B violent felony offenses and the prostitution of
  minors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of  subdivision 1 of section 70.02 of the
penal law, as amended by chapter 320 of the laws of 2006, is amended  to
read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
SECTION 230.32, COMPELLING PROSTITUTION AS DEFINED  IN  SECTION  230.33,
SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in the first degree
as  defined  in  section  255.27, criminal possession of a weapon in the
first degree as defined in section 265.04, criminal use of a firearm  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00324-01-3

S. 128                              2

the  first  degree  as  defined  in  section  265.09, criminal sale of a
firearm in the first degree as defined  in  section  265.13,  aggravated
assault  upon  a police officer or a peace officer as defined in section
120.11,  gang  assault in the first degree as defined in section 120.07,
intimidating a victim or witness in  the  first  degree  as  defined  in
section  215.17,  hindering prosecution of terrorism in the first degree
as defined in section 490.35, criminal possession of a  chemical  weapon
or  biological weapon in the second degree as defined in section 490.40,
and criminal use of a chemical weapon or biological weapon in the  third
degree as defined in section 490.47.
  S 2. Section 230.30 of the penal law, as amended by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly[:
  1.  Advances] ADVANCES prostitution by compelling a person by force or
intimidation to engage in prostitution, or profits  from  such  coercive
conduct by another[; or
  2. Advances or profits from prostitution of a person less than sixteen
years old].
  Promoting prostitution in the second degree is a class C felony.
  S  3.  Section 230.32 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.32 Promoting prostitution in the first degree.
  A person is guilty of promoting prostitution in the first degree  when
he  OR  SHE  knowingly advances or profits from prostitution of a person
less than [eleven] SIXTEEN years old.
  Promoting prostitution in the first degree is a class B felony.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
offenses committed on or after such date.

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