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

                                  3202

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. BENJAMIN, SCARBOROUGH, FINCH, McDONOUGH, JAFFEE,
  GREENE, BENEDETTO,  FIELDS,  ROBINSON,  ALFANO,  BALL,  ERRIGO,  KOLB,
  CLARK,  WALKER  --  Multi-Sponsored  by  -- M. of A. ABBATE, BACALLES,
  BARRA, BOYLAND, CALHOUN,  DIAZ,  DUPREY,  GALEF,  HYER-SPENCER,  JOHN,
  LANCMAN, MAGNARELLI, MAISEL, McKEVITT, PERRY, PHEFFER, QUINN, SAYWARD,
  WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes

AN  ACT  to amend the penal law, the correction law, the criminal proce-
  dure law, the civil rights law, the executive law,  the  family  court
  act,  the  mental  hygiene  law, the multiple dwelling law, the public
  health law, the real property actions and proceedings  law,  the  real
  property law and the vehicle and traffic law, in relation to prostitu-
  tion offenses and creating the crime of sexual exploitation of a child

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

  Section 1. Section 230.00 of the penal law, as amended by chapter  169
of the laws of 1969, is amended to read as follows:
S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
  A  person  is  guilty  of  CRIMINAL prostitution when, BEING SEVENTEEN
YEARS OLD OR MORE, such person engages or agrees or offers to engage  in
sexual conduct with another person in return for a fee.
  [Prostitution] CRIMINAL PROSTITUTION is a class B Misdemeanor.
  S  2.  The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 UNLAWFUL PROSTITUTION.
  A PERSON IS GUILTY OF UNLAWFUL  PROSTITUTION  WHEN,  BEING  LESS  THAN
SEVENTEEN  YEARS  OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS TO ENGAGE
IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
  UNLAWFUL PROSTITUTION IS A  VIOLATION,  PROVIDED,  HOWEVER,  THAT  ANY
PERSON  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF A CRIME DEFINED IN THIS
ARTICLE OR SECTION 240.37 OF THIS PART SHALL BE  GUILTY  OF  A  CLASS  B
MISDEMEANOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05578-01-9
              

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  S  3. Sections 230.05 and 230.06 of the penal law, as added by chapter
627 of the laws of 1978, are amended to read as follows:
S 230.05 Patronizing a prostitute in the second degree.
  A  person  is  guilty of patronizing a prostitute in the second degree
when, being [over eighteen] TWENTY-ONE years of age OR MORE, he  patron-
izes  a  prostitute  and  the  person patronized is less than [fourteen]
SEVENTEEN years of age.
  Patronizing a prostitute in the second degree is a class E felony.
S 230.06 Patronizing a prostitute in the first degree.
  A person is guilty of patronizing a prostitute  in  the  first  degree
when,  BEING  EIGHTEEN  YEARS OF AGE OR MORE, he patronizes a prostitute
and the person patronized is less than [eleven] FIFTEEN years of age.
  Patronizing a prostitute in the first degree is a class D felony.
  S 4. The penal law is amended by adding a new section 230.06-a to read
as follows:
S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
  A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:
  1. BEING EIGHTEEN YEARS OF AGE OR MORE HE PATRONIZES A PROSTITUTE  AND
THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
  2.  HE  PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS THAN
ELEVEN YEARS OF AGE.
  SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
  S 5. Section 230.07 of the penal law, as amended by chapter 74 of  the
laws of 2007, is amended to read as follows:
S 230.07 Patronizing a prostitute; defense.
  In any prosecution for patronizing a prostitute in the first or second
degrees  OR  SEXUAL  EXPLOITATION  OF  A CHILD, it is [a] AN AFFIRMATIVE
defense that the defendant did not have reasonable  grounds  to  believe
that the person was less than the age specified.
  S  6.  The  opening  paragraph  of  section 230.10 of the penal law is
amended to read as follows:
  In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
patronizing a prostitute, 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 7. The penal law is amended by adding a new section 230.11  to  read
as follows:
S 230.11 PROSTITUTION; DEFENSE.
  IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
FICKING.
  S  8.  Subdivision 2 of section 230.30 of the penal law, as amended by
chapter 627 of the laws of 1978, is amended to read as follows:
  2. Advances or  profits  from  prostitution  of  a  person  less  than
[sixteen] SEVENTEEN years old.
  S  9.  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,  he or she knowingly advances prostitution by
compelling a person less than [sixteen] SEVENTEEN years old, by force or
intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 10. Subdivision 2 of section 240.37 of the penal law,  as  added  by
chapter 344 of the laws of 1976, is amended to read as follows:

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  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  defined
in  article two hundred thirty of [the penal law] THIS CHAPTER, 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, 230.01 or 230.05 of [the penal  law]  THIS
CHAPTER.
  S  11.  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 in the first degree
as defined in section 230.06 of this chapter, SEXUAL EXPLOITATION  OF  A
CHILD  AS  DEFINED  IN  SECTION  230.06-A 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.
  S 12. 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 prosti-
tute in the first degree as defined in section 230.06 of  this  chapter,
incest  in  the second degree as defined in section 255.26 of this chap-
ter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN  SECTION  230.06-A  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 13. 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 OR 230.06-A, or subdivision two  of  section
230.30, or section 230.32 or 230.33 of the penal law, or
  S 14. Subdivision 2 of section 60.42 of the criminal procedure law, as
added by chapter 230 of the laws of 1975, is amended to read as follows:
  2.  proves  or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.01 of the  penal  law  within  three
years  prior to the sex offense which is the subject of the prosecution;
or

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  S 15. Paragraph (e) of subdivision 1 of section 160.10 of the criminal
procedure law, as added by chapter 344 of the laws of 1976,  is  amended
and a new paragraph (f) is added to read as follows:
  (e)    Loitering for the purpose of engaging in a prostitution offense
as defined in subdivision two of section 240.37 of the penal law[.]; OR
  (F) UNLAWFUL PROSTITUTION AS DEFINED IN SECTION 230.01  OF  THE  PENAL
LAW.
  S  16.  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,  230.05,  230.06, 230.06-A, subdivision two of section 230.30 or
230.32, the prosecutor shall, within sixty days  of  the  imposition  of
sentence,  provide  the victim with a form on which the victim may indi-
cate 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 defend-
ant, 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 17. Subdivision 2 of section 61 of the civil rights law, as  amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2.  If  the petitioner stands convicted of 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, 230.05, 230.06,
230.06-A, subdivision two of section 230.30 or 230.32, and is  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the state division of parole or  a  county  probation
department  as  a result of such conviction, the petition shall for each
such conviction  specify  such  felony  conviction,  the  date  of  such
conviction  or  convictions,  and  the court in which such conviction or
convictions were entered.
  S 18. Subdivision 2 of section 62 of the civil rights law, as  amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2.  If  the  petition  be  to  change  the  name of a person currently
confined as an inmate in any correctional facility  or  currently  under
the  supervision  of  the state division of parole or a county probation
department as a result of a conviction 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, 230.05, 230.06,
230.06-A,  subdivision  two  of  section 230.30 or 230.32, notice of the
time and place when and where the petition will be  presented  shall  be
served,  in  like  manner as a notice of a motion upon an attorney in an
action, upon the district attorney of every county in which such  person
has  been convicted of such felony and upon the court or courts in which

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the sentence for such felony was entered. Unless  a  shorter  period  of
time is ordered by the court, said notice shall be served upon each such
district  attorney and court or courts not less than sixty days prior to
the date on which such petition is noticed to be heard.
  S  19. The closing paragraph of section 64 of the civil rights law, as
separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
amended to read as follows:
  Upon  compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the  clerk  of  the  court  in
which  the  order has been entered shall certify that the order has been
complied with; and, if the petition states that  the  petitioner  stands
convicted of 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, 230.05, 230.06, 230.06-A, subdivision two
of section 230.30 or 230.32, such clerk  (1)  shall  deliver,  by  first
class  mail,  a copy of such certified order to the division of criminal
justice services at its office in the county of Albany and (2) upon  the
clerk  of  the  court  reviewing  the  petitioner's application for name
change and subsequent in-court inquiry, may, in the clerk's  discretion,
deliver, by first class mail, the petitioner's new name with such certi-
fied  order  to  the  court  of competent jurisdiction which imposed the
orders of support.   Such certification shall  appear  on  the  original
order  and  on  any  certified  copy thereof and shall be entered in the
clerk's minutes of the proceeding.
  S 20. Paragraph (d) of subdivision 7 of section 995 of  the  executive
law,  as amended by chapter 2 of the laws of 2006, is amended to read as
follows:
  (d) any of the following felonies, or an attempt  thereof  where  such
attempt is a felony offense:
  aggravated  assault  upon  a  person  less  than  eleven years old, as
defined in section 120.12 of  the  penal  law;  menacing  in  the  first
degree,  as  defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of  the  penal
law;  stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in  section  125.10
of  the  penal  law;  vehicular  manslaughter  in  the second degree, as
defined in section 125.12 of the penal law;  vehicular  manslaughter  in
the  first  degree,  as  defined  in  section  125.13  of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal  law;
aggravated  sexual  abuse  in  the  fourth degree, as defined in section
130.65-a of the penal law; female  genital  mutilation,  as  defined  in
section  130.85  of  the  penal  law;  facilitating a sex offense with a
controlled substance, as defined in section 130.90  of  the  penal  law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;
tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,
as  defined  in  section  190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal  law;  promoting
prison  contraband  in the first degree, as defined in section 205.25 of

A. 3202                             6

the penal law; tampering with a witness in the third degree, as  defined
in  section  215.11  of  the  penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law;  tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
first  degree,  as  defined  in  section 230.06 of the penal law; SEXUAL
EXPLOITATION OF A CHILD, AS DEFINED IN SECTION  230.06-A  OF  THE  PENAL
LAW;  promoting prostitution in the second degree, as defined in section
230.30 of the penal law; promoting prostitution in the first degree,  as
defined  in section 230.32 of the penal law; compelling prostitution, as
defined in section 230.33  of  the  penal  law;  disseminating  indecent
[materials]  MATERIAL  to  minors  in  the  second degree, as defined in
section 235.21 of the  penal  law;  disseminating  indecent  [materials]
MATERIAL  to minors in the first degree, as defined in section 235.22 of
the penal law; riot in the first degree, as defined in section 240.06 of
the penal law; criminal anarchy, as defined in  section  240.15  of  the
penal law; aggravated harassment of an employee by an inmate, as defined
in  section 240.32 of the penal law; unlawful surveillance in the second
degree, as defined in section 250.45 of the penal law; unlawful surveil-
lance in the first degree, as defined in section  250.50  of  the  penal
law;  endangering  the  welfare  of  a  vulnerable elderly person in the
second degree, as defined in section 260.32 of the penal law;  endanger-
ing  the  welfare of a vulnerable elderly person in the first degree, as
defined in section 260.34 of the penal law; use of a child in  a  sexual
performance, as defined in section 263.05 of the penal law; promoting an
obscene  sexual  performance by a child, as defined in section 263.10 of
the penal law; possessing an obscene sexual performance by a  child,  as
defined  in section 263.11 of the penal law; promoting a sexual perform-
ance by a child, as defined in section 263.15 of the penal law; possess-
ing a sexual performance by a child, as defined in section 263.16 of the
penal law; criminal possession of a  weapon  in  the  third  degree,  as
defined  in  section 265.02 of the penal law; criminal sale of a firearm
in the third degree, as defined in section  265.11  of  the  penal  law;
criminal  sale  of a firearm to a minor, as defined in section 265.16 of
the penal law; unlawful wearing of a body vest, as  defined  in  section
270.20 of the penal law; hate crimes as defined in section 485.05 of the
penal  law;  and crime of terrorism, as defined in section 490.25 of the
penal law; or
  S 21. Subdivision 2 of section 344.4 of the family court act, as added
by chapter 761 of the laws of 1987, is amended to read as follows:
  2. proves or tends to prove that the victim has been convicted  of  an
offense  under  section  230.00  OR 230.01 of the penal law within three
years prior to the sex offense which is  the  subject  of  the  juvenile
delinquency proceeding; or
  S  22.  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
sexually motivated felony; (2) patronizing a  prostitute  in  the  first
degree  as  defined  in  section  230.06 of the penal law, incest in the

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second degree as defined in section 255.26  of  the  penal  law,  SEXUAL
EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A 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 23. Subdivision 2 of section 353 of the multiple  dwelling  law,  as
amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
follows:
  2. If there be two or more convictions in such dwelling within a peri-
od of six months, under sections 230.00, 230.01, 230.25,  or  230.40  of
the penal law.
  S  24.  Subdivision  1  of  section  2302 of the public health law, as
amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
follows:
  1.  Every  person arrested charged with a violation of section 230.00,
230.01 or 230.40 of the penal law, or arrested  for  failure  to  comply
with  the  order of a judge or justice issued pursuant to the provisions
of section two thousand three hundred one of this chapter, or any person
arrested for frequenting disorderly houses or  houses  of  prostitution,
shall  be  reported  within twenty-four hours by the court or magistrate
before whom such person is arraigned to the health officer of the health
district in which the alleged offense occurred, and shall be examined in
accordance with the provisions of section two thousand three hundred  of
this chapter.
  S  25.  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, 230.01,
230.05, 230.20, 230.25 or 230.30 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  26.  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, 230.01, 230.05, 230.20, 230.25, 230.30 or
230.40 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 subdi-
vision  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  27.  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, 230.01, 230.05, 230.20, 230.25,
230.30, 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

A. 3202                             8

presumptive  evidence of unlawful use of such premises and of the owners
knowledge of the same.
  S  28. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 345  of  the  laws  of  2007,  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,  125.13,  125.14,
125.40,  125.45, 130.20, 130.25, 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, 221.30, 221.50, 221.55, 230.00, 230.01, 230.05,
230.06,  230.06-A,  230.20,  230.25,  230.30,  230.32,  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 afor-
esaid  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  29.  This act shall take effect on the ninetieth day after it shall
have become a law.