S T A T E O F N E W Y O R K
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2040
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
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Introduced by Sen. KRUGER -- 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 increasing the penalties
for loitering for the purpose of engaging in a prostitution offense on
or near school grounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 240.37 of the penal law is amended by adding a new
subdivision 4 to read as follows:
4. ANY PERSON WHO REMAINS OR WANDERS ON OR NEAR SCHOOL GROUNDS AND
REPEATEDLY ATTEMPTS TO STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERSBY
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 PATRONIZING A PROSTITUTE AS DEFINED IN ARTI-
CLE TWO HUNDRED THIRTY OF THIS PART IS GUILTY OF A CLASS A MISDEMEANOR.
ANY PERSON WHO REMAINS OR WANDERS ON OR NEAR SCHOOL GROUNDS AND REPEAT-
EDLY ATTEMPTS TO STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERSBY 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 PROMOTING PROSTITUTION AS DEFINED IN ARTICLE TWO HUNDRED
THIRTY OF THIS PART IS GUILTY OF A CLASS A MISDEMEANOR AND IS GUILTY OF
A CLASS E FELONY IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A
VIOLATION OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION, "SCHOOL
GROUNDS" MEANS, (A) IN OR ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC
PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY
BOUNDARY LINE OF A PUBLIC, PAROCHIAL OR PRIVATE LICENSED DAY-CARE, NURS-
ERY, ELEMENTARY, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, OR (B) ANY AREA
ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL
PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED AUTOMO-
BILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07427-01-1
S. 2040 2
OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS,
STREETS, PARKING LOTS, PLAYGROUNDS, STORES AND RESTAURANTS.
S 2. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.