S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4731
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred 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  189
 of the laws of 2018, paragraph (b) as amended by chapter 476 of the laws
 of 2018, paragraph (c) as amended by chapter 368 of the laws of 2015 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, sex trafficking as defined in paragraphs (a) and (b) of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08625-02-9

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 subdivision five of section  230.34,  sex  trafficking  of  a  child  as
 defined  in  section  230.34-a, 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.
   (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 PERSON FOR PROSTITUTION 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,  firefighter  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, aggravated criminal possession of  a
 weapon as defined in section 265.19, 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 biolog-
 ical 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, labor trafficking as defined  in
 paragraphs (a) and (b) of subdivision three of section 135.35, PATRONIZ-
 ING A PERSON FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION
 230.05,  PROMOTING PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SUBDI-
 VISION TWO OF SECTION 230.25, criminal possession of  a  weapon  in  the
 third  degree as defined in subdivision five, six, seven, eight, nine or

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 ten 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  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 PERSON FOR PROSTITUTION 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 hazardous substance in  the  second  degree  as  defined  in  section
 240.61.
   §  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.
   § 3. The closing paragraph of section 230.04  of  the  penal  law,  as
 amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
 follows:
   Patronizing a person for prostitution in the third degree is  a  class
 [A misdemeanor] E FELONY.
   §  4.  The  closing  paragraph  of section 230.05 of the penal law, as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
   Patronizing  a person for prostitution in the second degree is a class
 [E] D felony.
   § 5. The closing paragraph of section 230.06  of  the  penal  law,  as
 amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
 follows:
   Patronizing a person for prostitution in the first degree is  a  class
 [D] C felony.
   § 6. Section 230.40 of the penal law, the opening paragraph as amended
 by chapter 368 of the laws of 2015, is amended to read as follows:
 § 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 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.
   Permitting prostitution IN THE SECOND DEGREE is a class [B]  A  misde-
 meanor.

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   §  7.  The penal law is amended by adding a new section 230.45 to read
 as follows:
 § 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.
   §  8.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
 168-a of the correction law, as amended by chapter 189 of  the  laws  of
 2018, is amended to read as follows:
   (i)  a  conviction of or a conviction for an attempt to commit any [of
 the provisions] PROVISION of sections 120.70,  130.20,  130.25,  130.30,
 130.40,  130.45,  130.60,  230.34,  230.34-a, 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, 230.06, 230.11, 230.12, 230.13,
 subdivision two of section 230.30, section 230.32, 230.33, [or]  230.34,
 OR 230.45 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
   § 9. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.