Senate Bill S5365

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

                                  5365

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  ONORATO,  C. JOHNSON, KLEIN, SAMPSON, STACHOWSKI,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Codes

AN  ACT  to amend the penal law, the vehicle and traffic law, the public
  health law, the real property actions and  proceedings  law,  and  the
  real  property  law, in relation to penalties for certain prostitution
  offenses

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

  Section  1.  The penal law is amended by adding a new section 60.15 to
read as follows:
S 60.15 AUTHORIZED DISPOSITIONS, CERTAIN PROSTITUTION OFFENSES.
  WHEN A PERSON IS CONVICTED  OF  PROSTITUTION  AS  DEFINED  IN  SECTION
230.00,  PATRONIZING  A  PROSTITUTE  IN  THE FOURTH DEGREE AS DEFINED IN
SECTION 230.03, OR PERMITTING PROSTITUTION AS DEFINED IN SECTION 230.40,
THE SENTENCE OF THE COURT SHALL BE AS FOLLOWS:
  (A) A PERIOD OF IMPRISONMENT AS PROVIDED IN SECTION 70.15; AND
  (B) A PERIOD OF PROBATION AS PROVIDED FOR IN SECTION  65.00  WITH  THE
FOLLOWING CONDITIONS TO BE MANDATORY:
  (1)  WHERE  THE PERSON IS KNOWN TO HAVE A DRUG AND/OR ALCOHOL PROBLEM,
ATTENDANCE UPON AN APPROPRIATE TREATMENT PROGRAM PURSUANT  TO  PARAGRAPH
(E) OF SUBDIVISION TWO OF SECTION 65.10; AND
  (2) PURSUING EMPLOYMENT OR STUDY PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
SION TWO OF SECTION 65.10.
  S  2.  Subdivision  1 of section 70.15 of the penal law, as amended by
chapter 291 of the laws of 1993, is amended to read as follows:
  1. Class A misdemeanor.   A sentence of imprisonment  for  a  class  A
misdemeanor  shall  be  a  definite  sentence.   When such a sentence is
imposed the term shall be fixed by the court, and shall not  exceed  one
year;  provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the  fourth  degree  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11597-01-9
              

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defined  in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of guil-
ty entered in satisfaction of an indictment or any count thereof  charg-
ing  the  defendant  with the class D violent felony offense of criminal
possession of a weapon in the third degree  as  defined  in  subdivision
four  of  section  265.02,  except  that  the court may impose any other
sentence authorized by law upon a person who  has  not  been  previously
convicted  in the five years immediately preceding the commission of the
offense for a felony or a class A misdemeanor defined in  this  chapter,
if  the court having regard to the nature and circumstances of the crime
and to the history and character of the defendant, finds on  the  record
that  such  sentence  would  be  unduly  harsh  and that the alternative
sentence would be consistent with public safety and does  not  deprecate
the  seriousness  of the crime.  PROVIDED FURTHER THAT WHERE A PERSON IS
SENTENCED UPON CONVICTION OF PROSTITUTION AS DEFINED IN SECTION  230.00,
PATRONIZING  A  PROSTITUTE  IN  THE  FOURTH DEGREE AS DEFINED IN SECTION
230.03, OR PERMITTING PROSTITUTION AS DEFINED  IN  SECTION  230.40,  THE
SENTENCE  OF  THE  COURT  SHALL  BE AS FOLLOWS: FOR A PERSON WHO HAS NOT
PREVIOUSLY BEEN CONVICTED OF ANY OF SUCH OFFENSES WITHIN  THE  PRECEDING
TEN  YEARS, THE TERM OF IMPRISONMENT SHALL BE NO LESS THAN TEN DAYS; FOR
A PERSON WHO HAS ONCE BEEN PREVIOUSLY CONVICTED OF ANY OF SUCH  OFFENSES
WITHIN  THE  PRECEDING  TEN  YEARS, THE TERM OF IMPRISONMENT SHALL BE NO
LESS THAN TWENTY DAYS; FOR  A  PERSON  WHO  HAS  TWICE  BEEN  PREVIOUSLY
CONVICTED  OF  ANY  OF SUCH OFFENSES WITHIN THE PRECEDING TEN YEARS, THE
TERM OF IMPRISONMENT SHALL BE NO LESS THAN THIRTY DAYS; FOR A PERSON WHO
HAS THRICE OR MORE BEEN PREVIOUSLY CONVICTED OF  ANY  OF  SUCH  OFFENSES
WITHIN  THE  PRECEDING  TEN  YEARS, THE TERM OF IMPRISONMENT SHALL BE NO
LESS THAN NINETY DAYS;
  S 3. 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.
  A person is guilty of prostitution when such person engages or  agrees
or  offers to engage in sexual conduct with another person in return for
a fee.
  Prostitution is a class [B Misdemeanor] A MISDEMEANOR.
  S 4. Sections 230.04, 230.05 and 230.06  of  the  penal  law,  section
230.04  as amended by chapter 74 of the laws of 2007 and sections 230.05
and 230.06 as added by chapter 627 of the laws of 1978, are  amended  to
read as follows:
S 230.04 Patronizing a prostitute in the third degree.
  A  person  is  guilty  of patronizing a prostitute in the third degree
when he or she patronizes a prostitute.
  Patronizing a prostitute in the third degree is a class  [A  misdemea-
nor] E FELONY.
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 years of age, he OR SHE patronizes  a  prosti-
tute and the person patronized is less than fourteen years of age.
  Patronizing a prostitute in the second degree is a class [E] D felony.
S 230.06  Patronizing a prostitute in the first degree.
  A  person  is  guilty  of patronizing a prostitute in the first degree
when he OR SHE patronizes a prostitute and the person patronized is less
than eleven years of age.
  Patronizing a prostitute in the first degree is a class [D] C felony.
  S 5. Section 230.40 of the penal law is amended to read as follows:
S 230.40  Permitting prostitution.

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  A person is guilty of permitting prostitution when, having  possession
or  control of premises which he OR SHE knows are being used for prosti-
tution purposes, he OR SHE fails to make reasonable effort  to  halt  or
abate such use.
  Permitting prostitution is a class [B] A misdemeanor.
  S  6.  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:
  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, 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 [or] , 230.04, 230.05, OR 230.06 of the penal
law.
  S 7. 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, 230.04,  230.05,
230.06,  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  aforesaid  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 8. 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,  230.04,
230.05, 230.06, 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 9. 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, 230.04, 230.05, 230.06, 230.20,
230.25, 230.30 or 230.40 of the penal law arising out of conduct engaged

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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 prem-
ises for purposes of prostitution.
  S  10.  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, 230.04, 230.05, 230.06, 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  presumptive  evidence of unlawful use of such premises and of
the owners knowledge of the same.
  S 11. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.