senate Bill S2511

Makes various provisions relating to prostitution offenses; repealer

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Co-Sponsors

Bill Status


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

  • 18 / Jan / 2013
    • REFERRED TO CODES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.129
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2013
    • PASSED SENATE
  • 06 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 07 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Establishes the "trafficking victims protection and justice act"; makes various provisions relating to prostitution offenses; creates crimes of aggravated patronizing a minor for prostitution.

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Bill Details

See Assembly Version of this Bill:
A7254
Versions:
S2511
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §230.07, amd Pen L, generally; amd §§380.50, 440.10 & 700.05, CP L; amd §483-cc, Soc Serv L; amd §10.03, Ment Hyg L; amd §§168-a & 168-d, Cor L; amd §509-cc, V & T L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L
Versions Introduced in 2011-2012 Legislative Cycle:
A9804, S7212A, A9804, S7212A

Sponsor Memo

BILL NUMBER:S2511

TITLE OF BILL:
An act
to amend the penal law, the criminal procedure law,
the social services law,
the mental hygiene
law, the correction law,
the vehicle and traffic law, the public health law, the real
property actions and proceedings law and
the real
property law, in relation to prostitution
offenses; and to repeal section 230.07 of the penal law relating
thereto

PURPOSE:
This bill improves the state's response to human trafficking and
increases the accountability and penalties for traffickers and
prostitution and conforming the ages of victims in certain
prostitution offenses under Article 230 of the Penal Law to the ages
of victims of rape offenses under Article 130 of the Penal Law.
Additionally, the bill eliminates the term "prostitute" used in the
Penal Law and replaces it with "person for prostitution."

SUMMARY OF PROVISIONS:

Section 1 provides that the act shall be known and may be cited as the
"trafficking victims protection and justice act".

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7
of the Laws of 2007, to add aggravated patronizing a minor for
prostitution in the third degree as defined in section 230.11,
aggravated patronizing a minor for prostitution in the second degree
as defined in section 230.12, and aggravated patronizing a minor for
prostitution in the first degree as defined in section 230.13, as
felony sex offenses.

Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of
the Penal Law, as amended by Chapter 320 of the Laws of 2006, to add
sex trafficking and compelling prostitution as defined in section
230.34 and 230.33 as Class B violent felonies.

Section 4 amends paragraph (a) of subdivision I of section 70.80 of
the Penal Law, as added by Chapter 7 of the Laws of 2007, to add
patronizing a person for prostitution in the second degree,
aggravated patronizing a minor for prostitution in the third degree,
aggravated patronizing a minor for prostitution in the second degree
and aggravated patronizing a minor for prostitution in the first
degree as felony sex offenses.

Section 5 amends section 135.35 of the Penal Law, as added by Chapter
74 of the Laws of 2007, to provide that labor trafficking is a Class
B felony, in lieu of a Class D felony.


Section 6 amends section 230.02 of the Penal Law, as amended by
Chapter 627 of the Laws of 1978, to replace the term "prostitute"
with "person for prostitution" and to make the section gender neutral.

Section 7 amends subdivision 2 of section 230.03 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to provide that the
definition of school zone also applies for purposes of section
230.08, patronizing a person for prostitution in a school zone.

Section 8 repeals section 230.07 of the Penal Law and amends the Penal
Law by adding a new section 230.08 to provide a new offense,
patronizing a person for prostitution in a school zone, A person is
guilty of patronizing a person for prostitution in a school zone when
he or she commits the crime of patronizing a person for prostitution
in violation of section 230.04, 230.05 or 230.06 of the Penal Law in
a school zone during the hours that school is in session. This
section provides that patronizing a person for prostitution in a
school zone is a Class E felony.

Section 9 amends section 230.04 of the Penal Law, as amended by
Chapter 74 of the Laws of 2007, to replace the term "prostitute" with
"person for prostitution."

Section 10 amends section 230.05 of the Penal Law, as amended by
Chapter 627 of the Laws of 1978, to provide that a person is guilty
of patronizing a person for prostitution in the second degree when
being 18 years old or more, he or she patronizes a person for
prostitution and the
person patronized is less than 15 years old. Current law provides that
a person is guilty of this offense where he or she is over 18 and the
person patronized is less than 14 years old. The section also
replaces the term "prostitute" with "person for prostitution" and
makes the section gender neutral.

Section 11 amends section 230.06 of the Penal Law, as added by Chapter
627 of the Laws of 1978, to add that a person is guilty of
patronizing a person for prostitution in the first degree when being
18 years old or more he or she patronizes a person for prostitution
and the person patronized is less than 13 years old. The section also
replaces the term "prostitute" with "person for prostitution" and
makes the section gender neutral.

Section 12 amends section 230.10 of the Penal Law to replace the term
"prostitute" with "person for prostitution."

Section 13 amends the Penal Law by adding three new sections 230.11,
230.12 and 230.13. New section 230.11 creates the new offense of
aggravated patronizing a minor for prostitution in the third degree.
A person is guilty of aggravated patronizing a minor for prostitution
in the third degree when, being 21 years old or more, he or she
patronizes a person for prostitution and the person patronized is
less than 18 years old and the person guilty of patronizing engages
in sexual intercourse, oral sexual conduct, anal sexual conduct, or
aggravated sexual conduct. Aggravated patronizing a minor for
prostitution in the third degree is a Class B felony. New section
230.12 creates the new offense of aggravated patronizing a minor for
prostitution in the second degree. A person is guilty of aggravated


patronizing, a minor for prostitution in the second degree when,
being 18 years old or more, he or she patronizes a person for
prostitution and the person patronized is less than 15 years old and
the person guilty of patronizing engages in sexual intercourse, oral
sexual conduct, anal sexual conduct, or aggravated sexual conduct.
Aggravated patronizing a minor for prostitution in the second degree
is a Class D felony.

New section 230.13 creates the new offense of aggravated patronizing a
minor for prostitution in the first degree. A person is guilty of
aggravated patronizing a minor for prostitution in the first degree,
when he or she patronizes a person for prostitution and the person
patronized is less than 11 years old, or the person patronized is
less than 13 years old and the person patronizing a person for
prostitution is 18 years old or more, and in either case the person
guilty of patronizing engages in sexual intercourse, oral sexual
conduct, anal sexual conduct, or aggravated sexual conduct.
Aggravated patronizing a minor for prostitution in the first degree
is a Class B felony.

Section 14 amends subdivisions 1 and 2 of section 230.15 of the Penal
Law to replace the term "prostitute" with "person for prostitution"
and makes the section gender neutral.

Section 15 amends subdivision 1 of section 230.19 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to eliminate the mens rea
requirement that a person knows that prostitution will be committed
in violation of article 230.03 so that a person is guilty of
promoting prostitution in a school zone when, being 19 years old or
more, he or she knowingly advances or profits from prostitution in a
school zone during the hours that school is in session.

Section 16 amends the opening paragraph and subdivisions 1 and 2 of
section 230.25 of the Penal Law, the opening paragraph and
subdivision 2 as amended by Chapter 627 of the Laws of 1978 and
subdivision 1 as amended by Chapter 74 of the Laws of 2007, to add
that a person is guilty of promoting prostitution in the third degree
when he-or she profits from prostitution by engaging, either alone or
in association with others, in a business or enterprise consisting of
the transporting of a person or persons for the purposes of
prostitution. The section also replaces the term "prostitute" with
"person for prostitution" and makes the section gender neutral.

Section 17 amends the opening paragraph of section 230.30 of the Penal
Law, as amended by Chapter 627 of the Laws of 1978, to make the
section gender neutral.

Section 18 amends section 230.32 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by providing that 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 13 years
old, in lieu of less than 11 years old.

Section 19 amends section 230.33 of the Penal Law, as added by Chapter
450 of the Laws of 2005, by providing that a person is guilty of
compelling prostitution when, being 21 years old or more, he or she
knowingly advances prostitution by compelling by force or


intimidation a person less than 18 years old, in lieu of less than 16
years old, to engage in prostitution.

Section 20 amends subdivision 1 and paragraph (h) of subdivision 5 of
section 230.34 of the Penal Law, as added by Chapter 74 of the Laws
of 2007, by adding to the substances that are unlawfully provided to
a person who is patronized with intent to impair such person's
judgment marijuana and methylenedioxymethamphetamine (MDMA), also
known as Ecstasy, The section also adds a new subdivision 6 to
provide that a person is guilty of sex trafficking if he or she
intentionally advances or profits from prostitution by knowingly
advancing prostitution, of a person less than 18 years old.

Section 21 amends section 230,35 of the Penal Law, as amended by
Chapter 450 of the Laws of 2005, by providing that in a prosecution
for promoting prostitution or compelling prostitution, a person less
than 18 years old from whose prostitution activity another person is
alleged to have advance or attempted to advance or profited or
attempted to profit shall not be deemed to be an accomplice. Current
law provides that a person less than 17 years old. under such
circumstances shall not be deemed an accomplice.

Section 22 amends section 230.40 of the Penal Law to add that a person
is guilty of permitting prostitution when, having possession or
control of a vehicle that he or she knows is being used for
prostitution or for the purpose of advancing prostitution, he or she
fails to make reasonable effort to halt or abate such use.

Section 23 amends subdivision 2 of section 240.37 of the Penal Law, as
added by Chapter 344 of the Laws of 1976, and adds a new subdivision
3 to add that any person who remains or wanders about in a public
place and repeatedly beckons to, or repeatedly stops, or repeatedly
attempts
to step, or repeatedly attempts to engage passers-by in conversation,
or repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
patronizing a person for prostitution is guilty of a violation and is
guilty of a Class B misdemeanor if such person has previously been
convicted of a violation of this section or of sections 230.04,
230.05, 230.06 or 230.08 of the Penal Law.

Section 24 amends subdivision 6 of section 380.50 of the Criminal
Procedure Law, as amended by Chapter 320 of the Laws of 2006, to add
to the list of enumerated offenses for which a defendant is sentenced
offenses under sections 230.04, patronizing a person for prostitution
in the third degree, 230.08, patronizing a person for prostitution in
a school zone, 230.11, aggravated patronizing a minor for
prostitution in the third degree, 230.12, aggravated patronizing a
minor for prostitution in the second degree, and 230.13, aggravated
patronizing a minor for prostitution in the first degree, wherein the
prosecutor shall, within 60 days of the imposition of sentence
provide the victim with a form on which the victim may indicate a
demand to be informed of any petition to change the name of such
defendant.


Section 25 amends subdivision 1 of section 440.10 of the Criminal
Procedure Law, as added by Chapter 332 of the Laws of 2010, to
replace the term "prostitute" with "person for prostitution."

Section 26 amends paragraph (h) of subdivision 8 of section 700.05 of
the Criminal Procedure Law, as amended by Chapter 154 of the Laws of
1980, to include, promoting prostitution in the third degree as
defined in section 230.25 of the Penal Law in the definition of
"designated offense."

Section 27 amends subdivision (a) of section 483-c of the Social
Services Law, as added by Chapter 74 of the Laws of 2007, to add that
an established provider of social or legal services designated by the
Office of Temporary and Disability Assistance (OTDA) or the Office for
the Prevention of Domestic Violence is authorized to notify OTDA and
the Division of Criminal Justice Services that a person who
reasonably appears to be a human trafficking victim may be eligible
for services under this article.

Section 28 amends subdivision (p) of section 10.03 of the Mental
Hygiene Law, as added by Chapter 7 of the Laws of 2007, to add as a
sex offense aggravated patronizing a minor for prostitution in the
first degree under 230.13 of the Penal Law, aggravated patronizing a
minor for prostitution in the second degree under section 230.12 of
the Penal Law, and aggravated patronizing a minor for prostitution in
the third degree under section 230.11 of the Penal Law.

Section 29 amends 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, to add as a sex offense patronizing a person for
prostitution in a school zone under section 230.08 of the Penal Law,
aggravated patronizing a minor for prostitution in the third degree
under 230.21 of the Penal Law, aggravated patronizing a minor for
prostitution in the second degree under section 230.12 of the Penal
Law, and aggravated patronizing a minor for prostitution in the first
degree under section 230.13 of the Penal Law, sex trafficking under
section 230.34 of the Penal Law, and promoting prostitution in the
third degree under section 230.25 of the Penal Law where the person
prostituted is in fact less than 17 years old.

Section 30 amends paragraph (b) of subdivision 1 of section 168-d of
the Correction Law, as amended by Chapter 74 of the Laws of 2007, to
add to the offenses of which a defendant is convicted patronizing a
person for prostitution in the second degree under section 230.05 of
the Penal Law, patronizing a person for prostitution in the first
degree under section 230.06 of the Penal Law, patronizing a person
for prostitution in a school zone under section 230,08 of the Penal
Law, aggravated patronizing a minor for prostitution in the first
degree under 230.13 of the Penal Law, aggravated patronizing a minor
for prostitution in the second degree under section 230.12 of the
Penal Law, and aggravated patronizing

JUSTIFICATION:
Since 2007, New York State has taken significant measures to hold
accountable sex and labor traffickers, sex tourism operators and
others who organize, promote, advance, support and patronize the
trafficking industry. The State has also taken important steps in


recent years to acknowledge that many individuals facing prosecution
for engaging in prostitution are, in fact, victims of human
trafficking.

This legislation improves in several significant ways the State's
response to human trafficking by enhancing penalties and protecting
victims of trafficking, particularly in instances of commercial
sexual exploitation of children, and increasing the accountability of
buyers and traffickers who are fueling the growth of this massive
underground industry.

LEGISLATIVE HISTORY:
S7212-A (Saland) 2012, passed Senate.
Similar to A.245A, 2012 and 2011, referred to Codes. Similar to A.802,
2010 and 2009, referred to Codes. Similar to A.10958, 2008, referred
to Codes. Similar to S.7986 (Saland) 2008, passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
The act shall take effect on the ninetieth day after it shall have
become law

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

                                  2511

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

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

AN ACT to amend the penal law, the criminal procedure  law,  the  social
  services  law, the mental hygiene law, the correction law, the vehicle
  and traffic law, the public health law, the real property actions  and
  proceedings law and the real property law, in relation to prostitution
  offenses; and to repeal section 230.07 of the penal law relating ther-
  eto

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

  Section 1.  Short title. This act shall be known and may be  cited  as
the "trafficking victims protection and justice act".
  S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When  a  person  is  to  be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a sexu-
ally motivated felony, or patronizing a [prostitute] PERSON FOR  PROSTI-
TUTION in the first degree as defined in section 230.06 of this chapter,
AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF  THIS  CHAPTER,  AGGRAVATED  PATRONIZING  A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF  THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony  attempt  or  conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03210-03-3

S. 2511                             2

  S 3. 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, 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
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 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as added by chapter 7 of the  laws  of  2007,  is  amended  to  read  as
follows:
  (a)  For  the purposes of this section, a "felony sex offense" means a
conviction of any felony defined in article one hundred thirty  of  this
chapter,  including a sexually motivated felony, or patronizing a [pros-
titute] PERSON FOR PROSTITUTION  in  the  first  degree  as  defined  in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE  SECOND  DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
VATED PATRONIZING A MINOR  FOR  PROSTITUTION  IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION  230.11  OF  THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN  THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of the above.
  S 5.  The closing paragraph of section 135.35 of  the  penal  law,  as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  Labor trafficking is a class [D] B felony.
  S  6.  The  section heading and subdivision 1 of section 230.02 of the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
  1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:

S. 2511                             3

  (a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person as compensation for such person or a third person having  engaged
in sexual conduct with him OR HER; or
  (b)  He  OR SHE pays or agrees to pay a fee to another person pursuant
to an understanding that in return  therefor  such  person  or  a  third
person will engage in sexual conduct with him OR HER; or
  (c)  He OR SHE solicits or requests another person to engage in sexual
conduct with him OR HER in return for a fee.
  S 7. Subdivision 2 of section 230.03 of the penal  law,  as  added  by
chapter 191 of the laws of 2011, is amended to read as follows:
  2. For the purposes of this section, SECTION 230.08 and section 230.19
of  this  article, "school zone" means (a) in or on or within any build-
ing, structure, athletic playing field,  playground  or  land  contained
within  the real property boundary line of a public or private elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b) any public  sidewalk,  street,  parking  lot,  park,  playground  or
private  land, located immediately adjacent to the boundary line of such
school.
  S 8. Section 230.07 of the penal law is REPEALED  and  a  new  section
230.08 is added to read as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
  1.  A  PERSON  IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06  OF  THIS
ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
  2.  FOR  PURPOSES  OF  THIS  SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
  PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS  A  CLASS  E
FELONY.
  S  9. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
           degree.
  A person is guilty of patronizing a [prostitute] PERSON FOR  PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
  S  10. Section 230.05 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing a  [prostitute]  PERSON  FOR  PROSTITUTION  in  the
           second degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the person patronized is less than [fourteen]  FIFTEEN  years  [of  age]
OLD.
  Patronizing  a  [prostitute]  PERSON  FOR  PROSTITUTION  in the second
degree is a class E felony.
  S 11. Section 230.06 of the penal law, as added by chapter 627 of  the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
           degree.
  A  person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first degree when [he]:

S. 2511                             4

  1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
  S  12. The section heading and the opening paragraph of section 230.10
of the penal law are amended to read as follows:
Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION;  no
           defense.
  In  any  prosecution  for  prostitution  or patronizing a [prostitute]
PERSON FOR PROSTITUTION, the sex  of  the  two  parties  or  prospective
parties  to  the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
  S 13. The penal law is amended by adding three  new  sections  230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED  PATRONIZING  A  MINOR FOR PROSTITUTION IN THE THIRD
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  EIGHTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED SEXUAL CONDUCT.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR  PROSTITUTION
IN  THE  SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED  IS  LESS
THAN  FIFTEEN  YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR  AGGRA-
VATED SEXUAL CONDUCT.
  AGGRAVATED  PATRONIZING  A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
IS A CLASS D FELONY.
S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION  IN  THE  FIRST
           DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR  PROSTITUTION
AND  THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, BEING EIGHTEEN
YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON  FOR  PROSTITUTION  AND
THE  PERSON  PATRONIZED  IS LESS THAN THIRTEEN YEARS OLD, AND THE PERSON
GUILTY  OF  PATRONIZING  ENGAGES  IN  SEXUAL  INTERCOURSE,  ORAL  SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
  AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
  S  14.  Subdivisions  1  and  2 of section 230.15 of the penal law are
amended to read as follows:
  1. "Advance prostitution."  A  person  "advances  prostitution"  when,
acting  other  than  as  a  [prostitute]  PERSON IN PROSTITUTION or as a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage in prostitution, procures or solicits patrons  for  prostitution,
provides  persons  or  premises  for  prostitution purposes, operates or
assists in the operation of a house of prostitution  or  a  prostitution

S. 2511                             5

enterprise,  or  engages in any other conduct designed to institute, aid
or facilitate an act or enterprise of prostitution.
  2.  "Profit  from  prostitution." A person "profits from prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing compensation for personally rendered prostitution  services,  he  OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
  S  15.  Subdivision  1 of section 230.19 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
  1. A person is guilty of promoting prostitution in a school zone when,
being nineteen years [of age] OLD or [older] MORE, he or  she  knowingly
advances  or  profits from prostitution [that he or she knows or reason-
ably should know is or will be committed in violation of section  230.03
of  this  article]  in  a school zone during the hours that school is in
session.
  S 16. The opening paragraph and subdivisions 1 and 2 of section 230.25
of the penal law, the opening paragraph and subdivision 2 as amended  by
chapter  627 of the laws of 1978 and subdivision 1 as amended by chapter
74 of the laws of 2007, are amended to read as follows:
  A person is guilty of promoting prostitution in the third degree  when
he OR SHE knowingly:
  1.  Advances  or  profits  from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity by two or more [prostitutes] PERSONS IN PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing a [prostitute]  PERSON  FOR  PROSTITUTION,  including  to  a
foreign  jurisdiction  and regardless of the legality of prostitution in
said foreign jurisdiction; or
  2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR  IN  ASSOCI-
ATION  WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
  3. Advances or profits from prostitution of a person less  than  nine-
teen years old.
  S  17.  The  opening  paragraph of section 230.30 of the penal law, as
amended by chapter 627 of the laws  of  1978,  is  amended  to  read  as
follows:
  A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
  S  18. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read  as
follows:
  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] THIRTEEN years old.
  S  19. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when,  being  twenty-one
years  [of age or older] OLD OR MORE, he or she knowingly advances pros-
titution by compelling a person less than [sixteen] EIGHTEEN years  old,
by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.

S. 2511                             6

  S  20.  Subdivision  1  and  paragraph (h) of subdivision 5 of section
230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
amended and a new subdivision 6 is added to read as follows:
  1.  unlawfully providing to a person who is patronized, with intent to
impair said person's judgment: (a) a narcotic drug or a narcotic  prepa-
ration;  (b)  MARIJUANA OR concentrated cannabis as defined in paragraph
(a) of subdivision four of  section  thirty-three  hundred  two  of  the
public  health  law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB)
or flunitrazepan, also known as  Rohypnol;  OR  (E)  METHYLENEDIOXYMETH-
AMPHETAMINE (MDMA), ALSO KNOWN AS ECSTASY;
  (h) perform any other act which would not in itself materially benefit
the  actor  but which is calculated to harm the person who is patronized
materially with respect to his or her  health,  safety,  or  immigration
status[.]; OR
  6.  KNOWINGLY  ADVANCING  PROSTITUTION  OF A PERSON LESS THAN EIGHTEEN
YEARS OLD.
  S 21. Section 230.35 of the penal law, as amended by  chapter  450  of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
  In  a  prosecution  for promoting prostitution or compelling prostitu-
tion, a person less than [seventeen] EIGHTEEN years [of  age]  OLD  from
whose  prostitution  activity another person is alleged to have advanced
or attempted to advance or profited or attempted to profit shall not  be
deemed to be an accomplice.
  S  22. The first undesignated paragraph of section 230.40 of the penal
law is amended to read as follows:
  A person is guilty of permitting prostitution when, having  possession
or  control  of premises OR VEHICLE which he OR SHE knows are being used
for prostitution purposes OR FOR THE PURPOSE OF ADVANCING  PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
  S  23.  Subdivision  2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
  2. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by  in  conversation,  or
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of
prostitution[,  or  of  patronizing  a prostitute as those terms are] AS
THAT TERM IS defined in article two hundred thirty of  [the  penal  law]
THIS  PART,  shall  be  guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a  violation
of  this  section  or  of  [sections] SECTION 230.00 [or 230.05] of [the
penal law] THIS PART.
  3. ANY PERSON WHO REMAINS OR WANDERS  ABOUT  IN  A  PUBLIC  PLACE  AND
REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY  IN  CONVERSATION,  OR
REPEATEDLY  STOPS  OR  ATTEMPTS  TO  STOP  MOTOR VEHICLES, OR REPEATEDLY
INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR  THE  PURPOSE  OF
PATRONIZING  A  PERSON  FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY  OF  A  CLASS  B
MISDEMEANOR  IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08  OF  THIS
PART.

S. 2511                             7

  S  24.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  6.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of  the  following  provisions  of  such  law:  sections 130.25, 130.30,
130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
135.10, 135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12,  230.13,
subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
in  sixty  days of the imposition of sentence, provide the victim with a
form on which the victim may indicate a demand to  be  informed  of  any
petition  to  change  the  name of such defendant.   Such forms shall be
maintained by such prosecutor. Upon receipt of a notice of a petition to
change the name of any such defendant, pursuant to  subdivision  two  of
section sixty-two of the civil rights law, the prosecutor shall promptly
notify  the  victim  at  the  most  current  address or telephone number
provided by such victim in the most reasonable  and  expedient  possible
manner  of  the  time  and  place such petition will be presented to the
court.
  S 25. The opening paragraph of  paragraph  (i)  of  subdivision  1  of
section 440.10 of the criminal procedure law, as added by chapter 332 of
the laws of 2010, is amended to read as follows:
  The  judgment  is  a  conviction  where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a  prostitution
offense, provided that the defendant was not alleged to be loitering for
the  purpose  of  patronizing  a [prostitute] PERSON FOR PROSTITUTION or
promoting prostitution) or 230.00 (prostitution) of the penal  law,  and
the defendant's participation in the offense was a result of having been
a  victim  of  sex  trafficking under section 230.34 of the penal law or
trafficking in persons under  the  Trafficking  Victims  Protection  Act
(United States Code, title 22, chapter 78); provided that
  S  26.  Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
nal procedure law, as amended by chapter 154 of the  laws  of  1990,  is
amended to read as follows:
  (h)  Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, PROMOTING
PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION  230.25  OF  THE
PENAL LAW;
  S 27. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a)  As  soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency [or a],  district  attor-
ney's  office,  OR  AN  ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  OR  THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
victim,  that agency [or], office OR PROVIDER shall notify the office of
temporary and disability assistance and the division of criminal justice
services that such person may be eligible for services under this  arti-
cle.
  S  28.  Subdivision (p) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
defined  in  article  one  hundred  thirty of the penal law, including a

S. 2511                             8

sexually motivated felony; (2) patronizing  a  [prostitute]  PERSON  FOR
PROSTITUTION  in  the  first  degree as defined in section 230.06 of the
penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE  FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING  A  MINOR  FOR  PROSTITUTION  IN  THE  SECOND DEGREE AS DEFINED IN
SECTION 230.12 OF THE PENAL LAW,  AGGRAVATED  PATRONIZING  A  MINOR  FOR
PROSTITUTION  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 230.11 OF THE
PENAL LAW, incest in the second degree as defined in section  255.26  of
the  penal  law,  or  incest  in  the first degree as defined in section
255.27 of the penal law; (3) a felony attempt or  conspiracy  to  commit
any  of  the  foregoing offenses set forth in this subdivision; or (4) a
designated felony, as defined in subdivision (f)  of  this  section,  if
sexually  motivated  and  committed  prior to the effective date of this
article.
  S 29. 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:
  (i) a conviction of or a conviction for an attempt to  commit  any  of
the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 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, 230.08, [or] 230.11, 230.12, 230.13,
subdivision  two of section 230.30, [or] section 230.32 [or], 230.33, OR
230.34 of the penal law, OR SECTION 230.25 OF THE PENAL  LAW  WHERE  THE
PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
  S  30.  Paragraph  (b)  of  subdivision  1  of  section  168-d  of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
  (b) Where a defendant stands convicted of an offense defined in  para-
graph  (b)  of  subdivision  two of section one hundred sixty-eight-a of
this article or where the  defendant  was  convicted  of  patronizing  a
[prostitute]  PERSON  FOR PROSTITUTION in the third degree under section
230.04 of the penal law OR OF PATRONIZING A PERSON FOR  PROSTITUTION  IN
THE SECOND DEGREE UNDER SECTION 230.05 OF THE PENAL LAW, OR OF PATRONIZ-
ING  A  PERSON FOR PROSTITUTION IN THE FIRST DEGREE UNDER SECTION 230.06
OF THE PENAL LAW, OR OF PATRONIZING  A  PERSON  FOR  PROSTITUTION  IN  A
SCHOOL  ZONE  UNDER  SECTION  230.08  OF THE PENAL LAW, OR OF AGGRAVATED
PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED  IN
SECTION  230.13  OF  THE PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR
FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN  SECTION  230.12  OF
THE  PENAL LAW, OR OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN
THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE PENAL LAW, and  the
defendant  controverts an allegation that the victim of such offense was
less than eighteen years [of age or, in the case of a  conviction  under
section  230.04 of the penal law, less than seventeen years of age] OLD,
the court, without a jury, shall, prior to sentencing, conduct  a  hear-
ing,  and the people may prove by clear and convincing evidence that the
victim was less than eighteen years [of age] OLD or less than  seventeen
years  [of age] OLD, as applicable, by any evidence admissible under the
rules applicable to a trial of the issue of guilt. The court in addition
to such admissible evidence may also consider reliable hearsay  evidence
submitted  by  either party provided that it is relevant to the determi-

S. 2511                             9

nation of the age of the victim. Facts concerning the age of the  victim
proven  at trial or ascertained at the time of entry of a plea of guilty
shall be deemed established by clear and convincing evidence  and  shall
not  be relitigated. At the conclusion of the hearing, or if the defend-
ant does not controvert an allegation that the victim of the offense was
less than eighteen years [of age] OLD or less than seventeen  years  [of
age]  OLD,  as  applicable,  the  court must make a finding and enter an
order setting forth the age of the victim. If the court finds  that  the
victim  of  such  offense was under eighteen years [of age] OLD or under
seventeen years [of age] OLD, as applicable, the court shall certify the
defendant as a sex offender, the provisions of  paragraph  (a)  of  this
subdivision  shall apply and the defendant shall register with the divi-
sion in accordance with the provisions of this article.
  S 31. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
230.04,  230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision  two
of  section  260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit  any  of
the  aforesaid  offenses  under  section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal  law,  or
any  offenses  committed  under  a former section of the penal law which
would constitute violations of the aforesaid sections of the penal  law,
or  any  offenses  committed  outside  this state which would constitute
violations of the aforesaid sections of the penal law.
  S 32. Section 2324-a of the public health law, as amended  by  chapter
260 of the laws of 1978, is amended to read as follows:
  S  2324-a.  Presumptive evidence.  For the purposes of this title, two
or more convictions of any person or persons had, within a period of one
year, for any of the  offenses  described  in  section  230.00,  230.04,
230.05,  230.06,  230.08,  230.11,  230.12, 230.13, 230.20, 230.25 [or],
230.30 OR 230.32 of the penal law arising out of conduct engaged  in  at
the  same real property consisting of a dwelling as that term is defined
in subdivision four of section four of the multiple dwelling  law  shall
be  presumptive evidence of conduct constituting use of the premises for
purposes of prostitution.
  S 33. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.04,  230.05,  230.06,  230.08,  230.11,
230.12,  230.13,  230.20,  230.25, 230.30, 230.32 or 230.40 of the penal
law arising out of conduct engaged in at the same real property consist-
ing of a dwelling as that term is defined in subdivision four of section
four of the multiple dwelling  law  shall  be  presumptive  evidence  of
conduct constituting use of the premises for purposes of prostitution.

S. 2511                            10

  S  34.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
follows:
  3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described  in  section 230.00, 230.04, 230.05, 230.06, 230.08,
230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of  the
penal  law  arising  out  of  conduct  engaged  in  at the same premises
consisting of a dwelling as that term is defined in subdivision four  of
section  four of the multiple dwelling law shall be presumptive evidence
of unlawful use of such premises and of  the  owners  knowledge  of  the
same.
  S  35.  This act shall take effect on the ninetieth day after it shall
have become a law.

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