senate Bill S2244

Adds the prostitution of a child less than 17 by a parent, guardian or person charged with the custody of such child, to class B felony of promoting prostitution in the 1st degree

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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

  • 15 / Jan / 2013
    • REFERRED TO CODES
  • 19 / Mar / 2013
    • 1ST REPORT CAL.255
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 26 / Mar / 2013
    • PASSED SENATE
  • 26 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 13 / May / 2014
    • 1ST REPORT CAL.751
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 29 / May / 2014
    • PASSED SENATE
  • 29 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2014
    • REFERRED TO CODES

Summary

Includes within the class B felony of promoting prostitution in the first degree, the knowing advancement or profiting from the prostitution of a child less than 17 years old by such child's parent, guardian or other person charged with the custody and care of the child.

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Bill Details

See Assembly Version of this Bill:
A2412
Versions:
S2244
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง230.32, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1991, A9518
2009-2010: S2114, S2114

Sponsor Memo

BILL NUMBER:S2244

TITLE OF BILL: An act to amend the penal law, in relation to
including within the offense of promoting prostitution in the first
degree, the prostitution of a child by a parent, guardian or person
charged with the care and custody of the child

PURPOSE: The purpose of this bill is to provide a more condign
punishment for those who prostitute their children.

SUMMARY OF PROVISIONS:

Section one creates a class B felony when a parent or guardian,
knowingly advances or profits from the prostitution of a child less
than seventeen years of age he or she is charged with caring for.

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

EXISTING LAW: Currently, there is no statute that specifically
addresses the prostitution of a child by a parent or guardian. Current
offenses of promoting child prostitution range from class D to class B
felonies.

JUSTIFICATION: Recent cases in New York have indicated a need to
address the promoting of child prostitution by parents. Perpetrators
of these despicable acts should be treated appropriately, ensuring
they are unable to have access to the children they exploited.

Penalties for child prostitution offenses remain largely the same as
when they were when first defined in 1978. These penalties do not
adequately reflect the seriousness of crimes involving the
prostitution of our children, particularly when the perpetrator is the
parent or legal guardian of the child.

LEGISLATIVE HISTORY: 2007-2008: S.5879 - Referred to Codes 2009-2010:
S.2114 - Referred to Codes S.1991 of 2011 - Passed Senate 03/05/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect on the first of November
after it shall have become law.

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

                                  2244

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 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  including  within  the
  offense  of  promoting prostitution in the first degree, the prostitu-
  tion of a child by a parent, guardian or person charged with the  care
  and custody of the child

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

  Section 1. 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]:
  1.  HE  OR  SHE  knowingly  advances or profits from prostitution of a
[person] CHILD less than eleven years old[.]; OR
  2. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
CARE AND CUSTODY OF A CHILD LESS THAN SEVENTEEN YEARS  OLD,  HE  OR  SHE
KNOWINGLY ADVANCES OR PROFITS FROM PROSTITUTION OF SUCH CHILD.
  Promoting prostitution in the first degree is a class B felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03561-01-3

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