S T A T E O F N E W Y O R K
________________________________________________________________________
2275--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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) as amended by chapter 148 of the laws
of 2011, paragraph (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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04003-03-3
A. 2275--A 2
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,
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, assault on a judge as defined in section 120.09, 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 biological 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
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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
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. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 1 of the laws of 2013, are amended to
read as follows:
(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, assault on a judge as defined in section 120.09, 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, aggravated
criminal possession of a weapon as defined in section 265.19, 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 biological 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
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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, eight, nine or ten 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 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.
S 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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.
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S 9. 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] 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 [or] section 230.32 [or], 230.33 OR 230.45 of the penal
law, or
S 10. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law; provided that
if the amendments to paragraphs (b) and (c) of subdivision 1 of section
70.02 of the penal law made by section 27 of chapter 1 of the laws of
2013 shall not have taken effect by such date then the provisions of
section two of this act shall take effect on the same date and in the
same manner as such section takes effect.