senate Bill S2261

2013-2014 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
May 29, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.752
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Mar 27, 2013 referred to codes
Mar 26, 2013 delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.256
Jan 15, 2013 referred to codes

Votes

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May 13, 2014 - Codes committee Vote

S2261
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Mar 19, 2013 - Codes committee Vote

S2261
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S2261 - Bill Details

See Assembly Version of this Bill:
A4088
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง230.07, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S618, A253
2009-2010: S8109, A11214

S2261 - Bill Texts

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Establishes an affirmative defense against patronizing a prostitute.

view sponsor memo
BILL NUMBER:S2261

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 1: Amends section 230.07 of the penal law, 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 2: Immediate 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. 2012 - Referred to Codes; Passed Senate S. 618

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
________________________________________________________________________

                                  2261

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

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.
                                                           LBD06598-01-3

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