senate Bill S2172

Amended

Elevates severity of patronizing a prostitute and permitting prostitution, and makes certain provisions of promoting prostitution 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

  • 14 / Jan / 2013
    • REFERRED TO CODES
  • 11 / Feb / 2013
    • AMEND AND RECOMMIT TO CODES
  • 11 / Feb / 2013
    • PRINT NUMBER 2172A
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Makes promoting prostitution in the first degree and certain provisions of promoting prostitution in the second and third degrees violent felony offenses; increases the severity of the penalties for patronizing a prostitute and permitting prostitution; redesignates permitting prostitution as permitting prostitution in the second degree and establishes the class E felony of permitting prostitution when a child under 17 is being prostituted on the premises; designates permitting prostitution in the first degree as a sex offense for purposes of registration under the sex offender registration act.

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Bill Details

See Assembly Version of this Bill:
A2275
Versions:
S2172
S2172A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 60.05, 230.04, 230.05, 230.06 & 230.40, add §230.45, Pen L; amd §168-a, Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S644, A6165
2009-2010: S1569

Sponsor Memo

BILL NUMBER:S2172 REVISED 1/18/13

TITLE OF BILL: An act to amend the penal law, in relation to promoting
prostitution, patronizing a prostitute and permitting prostitution; and
to amend the correction law, in relation to designating permitting pros-
titution in the first degree as a sex offense for the purposes of the
sex offender registration act

PURPOSE: To increase the penalties for prostitution offenses involving
children.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 70.02(a) of the Penal Law to
designate as a Class B violent felony offense the crime of promoting
prostitution in the first degree. This section secondly amends Section
70.02(b) to designate as Class C violent felony offenses the crimes of
patronizing a prostitute in the first degree and promoting prostitution
in the second degree. Third, this section amends Penal Law Section
70.02(c) to designate as a Class D violent felony offense the crimes of
patronizing a prostitute in the second degree and promoting prostitution
in the third degree. Finally, this section amends Penal Law Section
70.02(d) to designate as a Class D violent felony offense the crime of
patronizing a prostitute in the third degree.

Section two makes a conforming amendment to reflect changes made by this
bill.

Section three reclassifies the crime of patronizing a prostitute in the
third degree from a class A misdemeanor to a class E felony.

Section four reclassifies the crime of patronizing a prostitute in the
second degree from a class E felony to a class D felony.

Section five reclassifies the crime of patronizing a prostitute in the
first degree from a class D felony to a class C felony.

Section six raises the current crime of permitting prostitution from a
class B misdemeanor to a class A misdemeanor and redesignates this
offense as permitting prostitution in the second degree.

Section seven creates a new class E felony of permitting prostitution in
the first degree, which is deemed to occur when a person has possession
or control of a premises which he or she knows are being used fox pros-
titution purposes including the prostitution of a child.

Section eight amends provisions of the Sexual Offender Registration Act
to require registration as a sex offender of those persons convicted of
the new felony of permitting prostitution in the first degree.

Section nine establishes the effective date of this law as November 1
after the bill becomes law.

EXISTING LAW: The crimes of promoting prostitution in the first degree,
patronizing a prostitute in the first degree, and promoting prostitution
in the second degree are not designated as violent felony offenses in
Section 70.02 of the Penal Law. Current law also designates patronizing
a prostitute in the third degree as a Class A misdemeanor, patronizing a
prostitute in the second degree as an E felony, and patronizing a pros-
titute in the first degree as a D felony. Current law prohibits permit-
ting prostitution, but does not distinguish between permitting the pros-
titution of children under 17 and adults. The current crime of
permitting prostitution is a Class H misdemeanor; permitting prostitu-
tion in the first degree as defined in this bill is a Class E felony.

JUSTIFICATION: The NYS Division of Criminal Justice Services reports
that arrests for sex offenses against children have risen in every year
since 1999. In 2000, New York enacted the Sexual Assault Reform Act
which increased penalties for sex offenses and revised definitions of
sex offense crimes. However, no changes were made to the penalties for
or the definitions of the offenses regarding prostitution, penalties for
prostitution offenses remain the same as they were when first defined in
1978 and do not adequately reflect the seriousness of crimes involving
the prostitution of children. Increases in penalties are needed to
assure that persons that are convicted of these offenses will be appro-
priately punished and then supervised so that children will be protected
from the risk of further offenses by these persons.

These penalties do not adequately reflect the seriousness of crimes
involving the prostitution of our children. Increases in penalties are
needed to assure that persons that are convicted of these offenses will
be appropriately punished and then supervised so that children will be
protected from the risk of further offenses by these persons.

LEGISLATIVE HISTORY:

S.644 of 2012 - Referred to Codes S.1569 of 2010 - Referred to Codes
S.320A of 2008 - Passed Senate S.6559 of 2006 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1 after the bill becomes law.

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

                                  2172

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  promoting  prostitution,
  patronizing a prostitute and permitting prostitution; and to amend the
  correction  law, in relation to designating permitting prostitution in
  the first degree as a sex offense for the purposes of the sex offender
  registration act

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

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 70.02 of the penal law, paragraph (a) as amended by chapter  320
of the laws of 2006, paragraph (b) as amended by chapter 148 of the laws
of 2011, paragraph (c) as amended by chapter 405 of the laws of 2010 and
paragraph  (d)  as amended by chapter 7 of the laws of 2007, are 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[;],
PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32,
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, incest in the first degree as defined in section 255.27,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04003-01-3

S. 2172                             2

criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in 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.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67,  PATRONIZING  A  PROSTITUTE  IN  THE  FIRST DEGREE AS DEFINED IN
SECTION 230.06, PROMOTING PROSTITUTION IN THE SECOND DEGREE  AS  DEFINED
IN SUBDIVISION TWO OF SECTION 230.30, assault on a peace officer, police
officer,  fireman  or emergency medical services professional as defined
in section 120.08, assault on a judge as defined in section 120.09, gang
assault in the second degree as defined in section 120.06, strangulation
in the first degree as defined in section 121.13, burglary in the second
degree as defined in section 140.25, robbery in  the  second  degree  as
defined in section 160.10, criminal possession of a weapon in the second
degree  as  defined  in section 265.03, criminal use of a firearm in the
second degree as defined in section 265.08, criminal sale of  a  firearm
in  the  second  degree as defined in section 265.12, criminal sale of a
firearm with the aid of a minor as defined in section 265.14, soliciting
or providing support for an act of terrorism  in  the  first  degree  as
defined  in  section  490.15,  hindering prosecution of terrorism in the
second degree as defined in section 490.30, and criminal possession of a
chemical weapon or biological weapon in the third degree as  defined  in
section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as defined in section 130.90, PATRONIZING A PROSTITUTE IN THE
SECOND DEGREE AS DEFINED IN SECTION 230.05,  PROMOTING  PROSTITUTION  IN
THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, crimi-
nal possession of a weapon in the third degree as defined in subdivision
five,  six, seven or eight of section 265.02, criminal sale of a firearm
in the third degree as defined in section 265.11, intimidating a  victim
or witness in the second degree as defined in section 215.16, soliciting
or  providing  support  for  an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in

S. 2172                             3

section 490.20, falsely reporting an incident in  the  first  degree  as
defined  in  section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a  false  bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility  or  enclosed  shopping  mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  (d) Class E violent felony offenses: an attempt to commit any  of  the
felonies  of  criminal  possession  of  a  weapon in the third degree as
defined in subdivision five, six, seven or eight of section 265.02 as  a
lesser  included offense of that section as defined in section 220.20 of
the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
section  130.53, aggravated sexual abuse in the fourth degree as defined
in section 130.65-a, PATRONIZING A PROSTITUTE IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION 230.04, falsely reporting an incident in the second
degree as defined in section 240.55 and placing a false bomb or  hazard-
ous substance in the second degree as defined in section 240.61.
  S  2.  Subdivision  5 of section 60.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
  5. Certain class D felonies. Except as provided in subdivision six  of
this  section, every person convicted of the class D felonies of assault
in the second degree as defined in section 120.05, strangulation in  the
second degree as defined in section 121.12 [or attempt to commit a class
C  felony  as  defined  in  section  230.30  of  this  chapter,] must be
sentenced in accordance with section 70.00 or 85.00 of this title.
  S 3. The closing paragraph of section 230.04  of  the  penal  law,  as
amended  by  chapter  74  of  the  laws  of  2007, is amended to read as
follows:
  Patronizing a prostitute in the third degree is a class  [A  misdemea-
nor] E FELONY.
  S  4.  The  closing  paragraph  of section 230.05 of the penal law, as
added by chapter 627 of the laws of 1978, is amended to read as follows:
  Patronizing a prostitute in the second degree is a class [E] D felony.
  S 5. The closing paragraph of section 230.06  of  the  penal  law,  as
added by chapter 627 of the laws of 1978, is amended to read as follows:
  Patronizing a prostitute in the first degree is a class [D] C felony.
  S 6. Section 230.40 of the penal law is amended to read as follows:
S 230.40 Permitting prostitution IN THE SECOND DEGREE.
  A  person  is  guilty  of permitting prostitution IN THE SECOND DEGREE
when, having possession or control of premises which he OR SHE knows are
being used for prostitution purposes, he OR SHE fails to make reasonable
effort to halt or abate such use.
  Permitting prostitution IN THE SECOND DEGREE is a class [B]  A  misde-
meanor.
  S  7.  The penal law is amended by adding a new section 230.45 to read
as follows:
S 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN
HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING
USED FOR PROSTITUTION PURPOSES INCLUDING THE  PROSTITUTION  OF  A  CHILD
LESS  THAN  SEVENTEEN  YEARS  OF AGE, HE OR SHE FAILS TO MAKE REASONABLE
EFFORT TO HALT OR ABATE SUCH USE.
  PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 8. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:

S. 2172                             4

  (i) a conviction of or a conviction for an attempt to commit  any  [of
the  provisions] PROVISION of [sections] SECTION 120.70, 130.20, 130.25,
130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and]  OR
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 OR 230.45 of  the  penal
law, or
  S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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