senate Bill S618

2011-2012 Legislative Session

Defenses against patronizing a prostitute

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 22, 2012 referred to codes
Jun 21, 2012 delivered to assembly
passed senate
ordered to third reading cal.1524
committee discharged and committed to rules
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Votes

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S618 - Bill Details

See Assembly Version of this Bill:
A253
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง230.07, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8109, A11214

S618 - Bill Texts

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Establishes an affirmative defense against patronizing a prostitute.

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BILL NUMBER:S618

TITLE OF BILL:
An act
to amend the penal law, in relation to defenses against patronizing a
prostitute

PURPOSE OR GENERAL IDEA OF BILL:
To shift the burden of proof to those
who commit the crime of either patronizing a prostitute in the first
degree or second degree by making it an affirmative defense that the
defendant did not reasonably believe that the person patronized was
less than the age specified in current law.

CURRENT LAW:
Section 230.07 of the penal law provides that it is a
defense to the crime of patronizing a prostitute in the first or
second degree that the defendant did not have reasonable grounds to
believe that the person patronized was less than the age specified
for such crimes.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 230.07 of
the penal law, as amended by chapter 74 of the laws of 2007, by
providing that it shall be an affirmative defense to the crime of
patronizing a prostitute in the, first or second degree that the
defendant did not have reasonable grounds to believe that the person
patronized was less than the age specified for such crimes.

Section two provides the effective date.

JUSTIFICATION:
Currently, it is a defense to the crime of patronizing
a prostitute in either the first or second degree that the defendant
did not have reasonable grounds to believe that the person was less
than the age specified. It is a valid defense if a defendant merely
asserts that there was no reasonable way to know that the person
patronized was younger than fourteen years old. In such cases, the
prosecutor has the burden of proving that the defendant did have
reasonable grounds to believe that the person patronized was younger
than the age specified in statute.

This legislation will change the current law by shifting the burden of
proof onto the defendant. The defendant will have to prove that he or
she did not have reasonable grounds to believe that the person
patronized was younger than fourteen years old. The intention of this
legislation is to create a system that will make it more difficult
for people to patronize child prostitutes.

PRIOR LEGISLATIVE HISTORY:
2010 - Referred to Codes; Passed Senate S.8109

FISCAL IMPLICATION:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   618

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 defenses against patroniz-
  ing a prostitute

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

  Section  1.  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, 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 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00764-01-1

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