Senate Bill S1569

2009-2010 Legislative Session

Elevates severity of patronizing a prostitute and permitting prostitution, and makes certain provisions of promoting prostitution violent felonies

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 03, 2009	referred to codes

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2009-S1569 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02, 60.05, 230.04, 230.05, 230.06 & 230.40, add §230.45, Pen L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S644
2013-2014: S2172
2015-2016: S2808
2017-2018: S1605, S2983

2009-S1569 (ACTIVE) - Summary

Makes promoting prostitution in the first degree and certain provisions of promoting prostitution in the second and third degrees violent felony offenses; increases the severity of the penalties for patronizing a prostitute and permitting prostitution; redesignates permitting prostitution as permitting prostitution in the second degree and establishes the class E felony of permitting prostitution when a child under 17 is being prostituted on the premises; designates permitting prostitution in the first degree as a sex offense for purposes of registration under the sex offender registration act.

2009-S1569 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1569

 TITLE OF BILL :
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


 PURPOSE :
To increase the penalties for prostitution offenses involving
children.

 SUMMARY OF PROVISIONS :
Section one of the bill amends section 70.02 of the penal law to
designate as violent felony offenses the crimes of promoting
prostitution in the first. second and third degrees and patronizing a
prostitute in the first, second and third degrees when such crimes
involve a child prostitute.

Section two of the bill makes a conforming amendment to reflect
changes made by this bill.

Section three of the hill raises the current penalty for the crime of
patronizing a prostitute in the third degree from a class A

misdemeanor to a class E felony.

Section four of the bill raises the current penalty for patronizing a
prostitute in the second degree from a class E felony to a class 0
felony.

Section five of the bill raises the current penalty for patronizing a
prostitute in the first degree from a class D felony to a class C
felony.

Section six of the bill raises the current crime of permitting
prostitution from a class B misdemeanor to a class A misdemeanor and
redesignates this offense as permitting prostitution in the second
degree.

Section seven of the bill creates a new class E felony of permitting
prostitution in the first degree which is deemed to occur when a
person has possession or control of a premises which he or she knows
are being used for prostitution purposes including the prostitution.

Section eight of the bill amends provisions of the Sexual Offender
Registration Act to require registration as a sex offender of those
persons convicted of the new felony of permitting prostitution in the
first degree.

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

 EXISTING LAW :
Existing law defines the offense of patronizing a prostitute in the
fourth degree as a class B misdemeanor. This crime is raised to a
class A misdemeanor when the person patronized is less than seventeen
years of age, to an E felony when the person patronized is less than
fourteen years of age and to a D felony when the person patronized is
less than eleven years of-age, The current offense of permitting
prostitution which is deemed to occur when a person has possession or
control of a premises which he knows is being used for prostitution,
and fails to make efforts to halt such use, is defined as a class B
misdemeanor. There is no higher offense defined than permitting
prostitution when the persons serving as prostitutes are minors. The
current offense of promoting prostitution is defined as occurring when
a person advances or profits from prostitution, and is designated a
class A misdemeanor. This offense is raised to a class D felony when
the person is promoting the prostitution of a person less than
nineteen to class C felony when the person is promoting the
prostitution of a person less than sixteen and to a class B felony
when the person promotes the prostitution of a person less than eleven
years of age. None of the current prostitution offenses are defined as
violent felony offenses.  Persons convicted of these felony offenses
will be eligible for a sentence of probation or could be sentenced to
an indeterminate sentence of imprisonment with parole after serving
the minimum term of imprisonment imposed by the sentencing court.

 JUSTIFICATION :
The NYS Division of Criminal Justice Services reports that arrests for
sex offenses against children have risen in every year since 1999. In
2000, New York enacted the Sexual Assault Reform Act which increased
penalties for sex offenses and revised definitions of sex offense
crimes. However, no changes were made to the penalties for or the
definitions of the offenses regarding prostitution, penalties for
prostitution offenses remain the same as they were when first defined
in 1978.

These penalties do not adequately reflect the seriousness of crimes
involving the prostitution of our children. Increases in penalties are
needed to assure that persons that are convicted of these offenses
will be appropriately punished and then supervised so that children
will be protected from the risk of further offenses by these persons.

 LEGISLATIVE HISTORY :
S.5279 of 2003 - passed Senate.

S.5279A of 2004 - passed Senate.

S.6559 of 2006 - passed Senate.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
November 1 after the bill becomes law.

2009-S1569 (ACTIVE) - Bill Text download pdf

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

                                  1569

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced   by  Sens.  GOLDEN,  ALESI,  BONACIC,  DeFRANCISCO,  FARLEY,
  FUSCHILLO, GRIFFO,  O. JOHNSON,  LAVALLE,  MAZIARZ,  MORAHAN,  SALAND,
  SEWARD,  SKELOS,  VOLKER  --  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  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  320
of the laws of 2006, paragraph (b) as separately amended by chapters 764
and  765  of  the  laws of 2005 and paragraphs (c) and (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06346-01-9

S. 1569                             2

section 160.15, 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); aggravated criminally
negligent homicide as defined in section 125.11, aggravated 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
PROSTITUTE 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,  fireman  or
emergency  medical  services  professional as defined in section 120.08,
gang assault in the second degree as defined in section 120.06, 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,
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 biological 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, 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, PATRONIZING A PROSTITUTE IN THE
SECOND DEGREE AS DEFINED IN SECTION 230.05,  PROMOTING  PROSTITUTION  IN
THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, crimi-
nal possession of a weapon in the third degree as defined in subdivision
five,  six, seven or eight 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

S. 1569                             3

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 PROSTITUTE 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 hazard-
ous substance in the second degree as defined in section 240.61.
  S 2. Subdivision 5 of section 60.05 of the penal law,  as  amended  by
chapter 738 of the laws of 2004, 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 [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.
  S  3.  The  closing  paragraph  of section 230.04 of the penal law, as
amended by chapter 74 of the  laws  of  2007,  is  amended  to  read  as
follows:
  Patronizing  a  prostitute in the third degree is a class [A misdemea-
nor] E FELONY.
  S 4. The closing paragraph of section 230.05  of  the  penal  law,  as
added by chapter 627 of the laws of 1978, is amended to read as follows:
  Patronizing a prostitute in the second degree is a class [E] D felony.
  S  5.  The  closing  paragraph  of section 230.06 of the penal law, as
added by chapter 627 of the laws of 1978, is amended to read as follows:
  Patronizing a prostitute in the first degree is a class [D] C felony.
  S 6. Section 230.40 of the penal law is amended to read as follows:
S 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 which he OR SHE knows are
being used for prostitution purposes, 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.
  S 7. The penal law is amended by adding a new section 230.45  to  read
as follows:
S 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.
  S  8.  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] PROVISION of [sections] SECTION 120.70, 130.20,  130.25,
130.30,  130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and] OR

S. 1569                             4

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, or subdivision two of
section 230.30, section 230.32 [or], 230.33 OR 230.45 of the penal  law,
or
  S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S1569

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S1569 (ACTIVE) - Details

2009-S1569 (ACTIVE) - Summary

2009-S1569 (ACTIVE) - Sponsor Memo

2009-S1569 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2009-S1569 (ACTIVE) - Details

2009-S1569 (ACTIVE) - Summary

2009-S1569 (ACTIVE) - Sponsor Memo

2009-S1569 (ACTIVE) - Bill Text download pdf

Comments