NY State Senate Bill 2017-S231

Senate Bill S231

2017-2018 Legislative Session

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

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

co-Sponsors

2017-S231 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §230.32, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2114
2011-2012: S1991
2013-2014: S2244
2015-2016: S1109

2017-S231 (ACTIVE) - 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.

2017-S231 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S231

 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 :

To provide a more severe punishment for those who prostitute their
children

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends Penal Law section 230.32, promoting
prostitution in the first degree, by adding a parent or guardian who
knowingly advances or profits from the prostitution of a child that he
or she is charged with caring for and that child is less than
seventeen years of age. Promoting prostitution in the first degree is
a class "B" felony

Section 2 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Currently, the Penal Law does not specifically address 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 :

This legislation is being amended because a 2015 amendment to Penal
Law section 230.32 required that the new section receive a different
subsection letter.

The January 2015 conviction of Yolanda Ostoloza for promoting
prostitution and endangering the welfare of a child is a glaring
example of why the law needs to be changed. in January 2014, Yolanda
Ostoloza brought her barely 15-year old daughter to Manhattan from
Florida for the purpose of prostituting her daughter to the crowds
that were in the City for the Super Bowl. Promoting prostitution in
the second degree is a class "B" felony and endangering the welfare of
a minor is a class "A" misdemeanor. Yolanda Ostoloza was sentenced to
1 to 3 years in prison, which is the minimum term for the class "B"
felony conviction. The New York Post reported that the judge "decided
a lesser term was justified given Ostoloza's lack of priors and a
history of similar conduct." By clearly adding parents and guardians
who prostitute their children to the offense of promoting prostitution
in the first degree, the Legislature is articulating its finding that
this conduct is not trivial and should not be tolerated in this State.

Yolanda Ostoloza is not the only parent who has engaged in this
activity. The emergence of similar cases throughout the Country has
demonstrated a need to address the promotion of child prostitution by
the child's parent or legal guardian. Instead of caring for and
protecting their children, these parents and guardians have forced
them to engage in unspeakable acts. These children have been robbed of
their childhood by those who are supposed to be protecting them.

 LEGISLATIVE HISTORY :

2016: S.1109-8 - Passed the Senate
2015: S1109 - Passed the Senate
2014: S.2244 - Passed the Senate
2013: S.2244 - Passed the Senate
2012: S.1991 - Passed the Senate
2011: S.1991 - Passed the Senate
2010: S.2114 - Referred to Codes
2009: S.2114 - Referred to Codes
2008: S.5879 - Referred to Codes
2007: S.5879 - Referred to Codes

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
This law shall take effect on the first of November succeeding the
date on which it shall have become a law.

2017-S231 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    231
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. GOLDEN, YOUNG -- 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,  the  opening paragraph and subdivisions 1 and 2 as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
 § 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 years old[.]; OR
   3. 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.
   § 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.
                                                            LBD03477-01-7

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Senate Bill S231

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Sponsored By

Martin J. Golden