NY State Senate Bill 2015-S1266A

Senate Bill S1266A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2016	print number 1266a
Jan 13, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Jan 09, 2015	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S1266 - Details

See Assembly Version of this Bill:: A4743
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 230.30 & 230.32, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5919, A8990
2013-2014: S128, A2635
2017-2018: A6207

2015-S1266 - 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.

2015-S1266 - Sponsor Memo

                                BILL NUMBER:S1266

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:

2013-2014 - S.128
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.

2015-S1266 - Bill Text download pdf

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

                                  1266

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

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
the  first  degree  as  defined  in  section  265.09, criminal sale of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00331-01-5

S. 1266                             2

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.

co-Sponsors

2015-S1266A (ACTIVE) - Details

See Assembly Version of this Bill:: A4743
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 230.30 & 230.32, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5919, A8990
2013-2014: S128, A2635
2017-2018: A6207

2015-S1266A (ACTIVE) - Summary

2015-S1266A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1266A

 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 and compelling prostitution as defined by
section 230.33.

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 :

2013-2014 - S.128
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.

2015-S1266A (ACTIVE) - Bill Text download pdf

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

                                 1266--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens. PERALTA, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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 368 of the laws of 2015, 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 [paragraphs (a)  and  (b)  of  subdivision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00331-02-6

S. 1266--A                          2

five  of]  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 2. Section 230.30 of the penal law, as amended by chapter 368 of the
laws of 2015, 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  eigh-
teen 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, the opening paragraph and subdivisions 1 and 2 as  amended
by chapter 368 of the laws of 2015, 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[:
  1.] knowingly advances or profits from prostitution of a  person  less
than [thirteen years old; or
  2. being twenty-one years old or more, he or she knowingly advances or
profits  from  prostitution of a person less than fifteen] SIXTEEN years
old.
  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; provided, however,  if
chapter  368 of the laws of 2015 has not taken effect before such effec-
tive date then this act shall take effect on the same date  and  in  the
same  manner as such chapter; and provided, further, that this act shall
apply to offenses committed on or after such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1266A

Share this bill

Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S1266 - Details

2015-S1266 - Summary

2015-S1266 - Sponsor Memo

2015-S1266 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S1266A (ACTIVE) - Details

2015-S1266A (ACTIVE) - Summary

2015-S1266A (ACTIVE) - Sponsor Memo

2015-S1266A (ACTIVE) - Bill Text download pdf

Comments