senate Bill S644

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S644 - Bill Details

See Assembly Version of this Bill:
A6165
Current Committee:
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 2009-2010 Legislative Session:
S1569

S644 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S644

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 D
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 and do not adequately reflect the
seriousness of crimes involving the prostitution of 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.

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
S.320A of 2008 - Passed Senate
S.1569 of 2010 - Referred to Codes

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
November 1 after the bill becomes law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   644

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. GOLDEN, LAVALLE -- 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) and (c) as amended by chapter 405 of
the laws of 2010 and paragraph (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
section 160.15, incest in the first degree as defined in section 255.27,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04310-01-1

S. 644                              2

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) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  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, strangulation in the first degree as defined in section
121.13, 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 biolog-
ical 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, strangulation in the second degree as defined  in
section  121.12, 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

S. 644                              3

defined in section 240.60, placing a false bomb or  hazardous  substance
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 405 of the laws of 2010, 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, strangulation in  the
second degree as defined in section 121.12 [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:

S. 644                              4

  (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
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.