senate Bill S559A

2013-2014 Legislative Session

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 17, 2014 print number 559a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S559 - Bill Details

See Assembly Version of this Bill:
A3174A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §168-a, Cor L; amd §§60.42, 160.10 & 380.50, CP L; amd §§61, 62 & 64, Civ Rts L; amd §344.4, Fam Ct Act; amd §10.03, Ment Hyg L; amd §353, Mult Dwell L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §509-cc, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S116A
2009-2010: S1986

S559 - Bill Texts

view summary

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.

view sponsor memo
BILL NUMBER:S559

TITLE OF BILL:
An act
to amend the penal law, the correction law, the criminal procedure law,
the civil rights law, the family court act, the
mental hygiene law, the multiple dwelling law, the public health law,
the real property actions and proceedings law, the real property law and
the vehicle and traffic law, in relation to prostitution offenses and
creating the crime of sexual exploitation of a child

PURPOSE:
The purpose of this bill is to protect children, especially runaway
kids who are being turned into sex slaves by parents, pimps and other
abusive adults. The bill would ensure that anyone engaging in sexual
conduct for a fee with a child, who by law is incapable of consenting
to sexual conduct, is punished to the same extent as a person who is
charged under current New York law dealing with statutory rape. The
bill also provides any sixteen year old child who engages in sexual
conduct for a fee and who is a first-time offender with a one-time
non-criminal disposition for any charge of prostitution.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 230.00 of the Penal Law. Defines criminal
prostitution. Any person who is lawfully able to consent to sexual
conduct, who engages in such sexual conduct for a fee is guilty of a
class B misdemeanor.

Section 2. Amends the Penal Law by adding a new section 230.01.
Defines unlawful prostitution. Any person, who is less than the age
of seventeen, the age of legal consent to sexual conduct, would be
guilty of unlawful prostitution, if such person engages in sexual
conduct for a fee. A first offense would be a violation, subsequent
offenses by sixteen year olds engaging in prostitution would match
the penalty imposed for seventeen year old children and other adults
who engage in prostitution.

Section 3. Amends sections 230.05 and 230.06 of the Penal Law in order
to conform the age of the person being patronized and the penalties
for patronizing such under aged children with the penalties contained
in Article 130 of the Penal Law relative to statutory rape.

Section 4. Amends the Penal Law by adding a new section 230.06-a.
Creates the crime of sexual exploitation of a child. Similar to rape
in the first degree and associated sexual conduct involving children
ten years old and less as well as certain children aged eleven and
twelve, a person patronizing such under aged children would be guilty
of a class B felony.

Section 5. Amends section 230.07 of the Penal law. Shifts the burden
to the defendant who engaged in the sexual conduct with the under
aged person to show, by a preponderance of the evidence, that the
defendant did not have reasonable grounds to believe that the person
was less than the age specified.


Sections 6, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, and 27 are technical amendments.

Section 7. Amends the Penal Law by adding a new section 230 11.
Provides an affirmative defense for a victim of sex trafficking to a
charge of unlawful prostitution or criminal prostitution.

Section 8. Amends the Penal Law, section 230.03, subdivision two.
Increases the penalty for a person who advances or profits from
prostitution of a sixteen year old minor.

Section 9. Amends the Penal Law, section 230.33. Increases the penalty
for a person who by force or intimidation compels a sixteen year old
minor to engage in prostitution.

Section 15. Amends the Criminal Procedure Law, section 160.10,
subdivision 1, paragraph (d) and adds a new paragraph (e). Provides
that unlawful prostitution is a finger-printable offense.

Section 28. Effective Date

EXISTING LAW:
Under existing law persons sixteen years and older, who engage in
sexual conduct for a fee, are guilty of a class B misdemeanor. The
law does not distinguish between actors who are capable of consent to
sexual conduct and those who are not.

Under current law a person who patronizes a prostitute, i.e., pays a
fee to engage in sexual conduct is guilty of a class A misdemeanor.
Also under current law, any person, including a sixteen year old, who
engages in sexual conduct with a minor aged sixteen or younger is
guilty of sexual misconduct, a class A misdemeanor.

Under current law an actor 21 years old or more who engages in sexual
conduct with a person under the age of seventeen is guilty of a class
E felony. If this same individual pays a fee to engage in sexual
conduct with a fourteen, fifteen or sixteen year old child, the
person is only guilty of a class A misdemeanor.

Under current law, if the actor is eighteen years of age or older and
engages in sexual conduct with a person under the age of fifteen the
person is guilty of a class D felony. If this same person pays a fee
to engage in sexual conduct with a fourteen or thirteen year old
child, the person is only guilty of a class E felony.

In addition, under current law it is a B felony for anyone eighteen
years of age or over to engage in sexual conduct with a twelve or
eleven year old and for anyone criminally responsible to engage in
sexual conduct with a child ten years old or younger. However under
current law
if someone aged eighteen years or older pays a fee to engage in sexual
conduct with a twelve or seven year old child, the person is only
guilty of a class E felony. A person who pays a fee to engage in
sexual conduct with a child ten years old or younger is only guilty
of a class D felony.


Under current law a pimp or other person aiding a sixteen or seventeen
year old minor to engage in prostitution is guilty of a class D
felony. current law makes this activity a class C felony for aiding
children fifteen or younger to engage in prostitution.

Under current law a person who by force or intimidation compels
someone fifteen years old or younger to engage in prostitution is
guilty of a class B felony

JUSTIFICATION:
Current laws governing statutory rape of a minor child and
prostitution by a minor child are at odds. A minor child under the
age of eighteen who accepts money or other valuable consideration in
exchange for sex is treated just like an adult and charged as a
criminal. At the same time, the penal law makes it a crime to engage
in sex with a minor under the age of seventeen. Common sense
dictates that children, who as a matter of law are incapable of
consent to sexual intercourse or anal or oral sexual conduct are
actually victims of sexual abuse by virtue of their age. Testimony
elicited at a March 2007 Assembly Children and Family Committee
sponsored roundtable on sexually exploited children drew attention to
this anomaly in state law.

Individuals who engage in criminal sexual conduct with children should
not face lesser sentences because they paid for the criminal conduct.
Nor should pimps and other criminal sex abusers receive lesser
punishment because the minor being sold for sex or forced into such
activity is sixteen years old. Sixteen year olds are incapable of
consent to sexual conduct as it matter of law and are victims. They
deserve the same protections other minor children receive from pimps
and other criminal sex abusers.

In addition, the law should make distinctions between children who are
incapable of consent as a matter of law and others who can consent to
sexual conduct. At the same time, recognizing that the law should
not encourage minors under the age of seventeen to engage in sexual
conduct and that criminally culpable minors ought 10 bear some
responsibility for engaging in illegal activity, prostitution by
criminally culpable minors should continue to be proscribed by the
penal law.

In an effort to balance the twin goals of protecting children from
sexual exploitation at the hands of poops and persons patronizing
these children as prostitutes and discouraging children from engaging
in sexual conduct for money or other valuable consideration, a
reduced penalty is proposed for minors, who are a matter of law are
incapable of consent to sexual conduct but who engage in this
activity in exchange for money or other valuable consideration.
Repeat offenders would be subject to the same penalties as under
current law.

LEGISLATIVE HISTORY:
2012: S.116 - Referred to Judiciary
2011: S.116 - Notice of Committee Consideration Requested,
Committee Discharged and Committed to Judiciary
2009-10: S.1986 Referred to Codes/A.3202 - Referred to Codes
2007-07: S.5455A - Advanced to Third Reading/A.7426A - Amended


and Recommitted to Codes

FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:
Some reduction in local incarceration and
probation costs can be expected. In addition a minor reduction in
family court and juvenile detention expenditures may occur

EFFECTIVE DATE:
Ninety days next succeeding the day it shall have become a law.

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

                                   559

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the correction law, the  criminal  proce-
  dure  law,  the  civil  rights  law,  the family court act, the mental
  hygiene law, the multiple dwelling law, the  public  health  law,  the
  real  property  actions and proceedings law, the real property law and
  the vehicle and traffic law, in relation to prostitution offenses  and
  creating the crime of sexual exploitation of a child

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

  Section 1. Section 230.00 of the penal law, as amended by chapter  169
of the laws of 1969, is amended to read as follows:
S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
  A  person  is  guilty  of  CRIMINAL prostitution when, BEING SEVENTEEN
YEARS OLD OR MORE, such person engages or agrees or offers to engage  in
sexual conduct with another person in return for a fee.
  [Prostitution] CRIMINAL PROSTITUTION is a class B [Misdemeanor] MISDE-
MEANOR.
  S  2.  The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 UNLAWFUL PROSTITUTION.
  A PERSON IS GUILTY OF UNLAWFUL  PROSTITUTION  WHEN,  BEING  LESS  THAN
SEVENTEEN  YEARS  OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS TO ENGAGE
IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
  UNLAWFUL PROSTITUTION IS A  VIOLATION,  PROVIDED,  HOWEVER,  THAT  ANY
PERSON  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF A CRIME DEFINED IN THIS
ARTICLE OR SECTION 240.37 OF THIS PART SHALL BE  GUILTY  OF  A  CLASS  B
MISDEMEANOR.
  S  3. Sections 230.05 and 230.06 of the penal law, as added by chapter
627 of the laws of 1978, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00400-01-3

S. 559                              2

S 230.05 Patronizing a prostitute in the second degree.
  A  person  is  guilty of patronizing a prostitute in the second degree
when, being [over eighteen] TWENTY-ONE years of age OR MORE, he  patron-
izes  a  prostitute  and  the  person patronized is less than [fourteen]
SEVENTEEN years of age.
  Patronizing a prostitute in the second degree is a class E felony.
S 230.06 Patronizing a prostitute in the first degree.
  A person is guilty of patronizing a prostitute  in  the  first  degree
when,  BEING  EIGHTEEN  YEARS OF AGE OR MORE, he patronizes a prostitute
and the person patronized is less than [eleven] FIFTEEN years of age.
  Patronizing a prostitute in the first degree is a class D felony.
  S 4. The penal law is amended by adding a new section 230.06-a to read
as follows:
S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
  A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:
  1. BEING EIGHTEEN YEARS OF AGE OR MORE HE PATRONIZES A PROSTITUTE  AND
THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
  2.  HE  PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS THAN
ELEVEN YEARS OF AGE.
  SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
  S 5. 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  OR  SEXUAL  EXPLOITATION  OF  A CHILD, 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  6.  The  opening  paragraph  of  section 230.10 of the penal law is
amended to read as follows:
  In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
patronizing a prostitute, the sex of  the  two  parties  or  prospective
parties  to  the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
  S 7. The penal law is amended by adding a new section 230.11  to  read
as follows:
S 230.11 PROSTITUTION; DEFENSE.
  IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
FICKING.
  S  8.  Subdivision 2 of section 230.30 of the penal law, as amended by
chapter 627 of the laws of 1978, is amended to read as follows:
  2. Advances or  profits  from  prostitution  of  a  person  less  than
[sixteen] SEVENTEEN years old.
  S  9.  Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when,  being  twenty-one
years  of  age  or  older,  he or she knowingly advances prostitution by
compelling a person less than [sixteen] SEVENTEEN years old, by force or
intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 10. Subdivision 2 of section 240.37 of the penal law,  as  added  by
chapter 344 of the laws of 1976, is amended to read as follows:
  2.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop,  or  repeatedly  attempts to engage passers-by in conversation, or

S. 559                              3

repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
interferes  with  the  free passage of other persons, for the purpose of
prostitution, or of patronizing a prostitute as those terms are  defined
in  article two hundred thirty of [the penal law] THIS CHAPTER, shall be
guilty of a violation and is guilty of a class  B  misdemeanor  if  such
person  has  previously been convicted of a violation of this section or
of [sections] SECTION 230.00, 230.01 or 230.05 of [the penal  law]  THIS
PART.
  S  11.  Section  60.13  of the penal law, as added by chapter 7 of the
laws of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When a person is to be sentenced upon  a  conviction  for  any  felony
defined in article one hundred thirty of this chapter, including a sexu-
ally  motivated  felony, or patronizing a prostitute in the first degree
as defined in section 230.06 of this chapter, SEXUAL EXPLOITATION  OF  A
CHILD  AS  DEFINED  IN  SECTION  230.06-A OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony  attempt  or  conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S 12. Paragraph (a) of subdivision 1 of section  70.80  of  the  penal
law,  as  added  by chapter 7 of the laws of 2007, is amended to read as
follows:
  (a) For the purposes of this section, a "felony sex offense"  means  a
conviction  of  any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a prosti-
tute in the first degree as defined in section 230.06 of  this  chapter,
incest  in  the second degree as defined in section 255.26 of this chap-
ter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN  SECTION  230.06-A  OF
THIS CHAPTER, or incest in the first degree as defined in section 255.27
of  this chapter, or a felony attempt or conspiracy to commit any of the
above.
  S 13. 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  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 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 230.06-A, or subdivision two  of  section
230.30, or section 230.32 or 230.33 of the penal law, or
  S 14. Subdivision 2 of section 60.42 of the criminal procedure law, as
added by chapter 230 of the laws of 1975, is amended to read as follows:
  2.  proves  or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.01 of the  penal  law  within  three
years  prior to the sex offense which is the subject of the prosecution;
or
  S 15. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
procedure law, as amended by chapter 232 of the laws of 2010, is amended
and a new paragraph (e) is added to read as follows:

S. 559                              4

  (d)  Loitering for the purpose of engaging in a  prostitution  offense
as defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E)  UNLAWFUL  PROSTITUTION  AS DEFINED IN SECTION 230.01 OF THE PENAL
LAW.
  S 16. Subdivision 6 of section 380.50 of the criminal  procedure  law,
as  amended  by  chapter  320 of the laws of 2006, is amended to read as
follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, subdivision two of section  230.30  or
230.32,  the  prosecutor  shall,  within sixty days of the imposition of
sentence, provide the victim with a form on which the victim  may  indi-
cate  a demand to be informed of any petition to change the name of such
defendant.   Such forms shall be maintained  by  such  prosecutor.  Upon
receipt of a notice of a petition to change the name of any such defend-
ant,  pursuant  to  subdivision  two  of  section sixty-two of the civil
rights law, the prosecutor shall promptly notify the victim at the  most
current  address or telephone number provided by such victim in the most
reasonable and expedient possible manner of  the  time  and  place  such
petition will be presented to the court.
  S  17. Subdivision 2 of section 61 of the civil rights law, as amended
by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  2.  If  the petitioner stands convicted of a violent felony offense as
defined in section 70.02 of the penal law or a felony defined in article
one hundred twenty-five of such law or any of the  following  provisions
of  such  law  sections  130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
230.06-A, subdivision two of section 230.30 or 230.32, and is  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of such conviction,
the  petition  shall  for  each  such  conviction  specify  such  felony
conviction, the date of such conviction or convictions, and the court in
which such conviction or convictions were entered.
  S  18. Subdivision 2 of section 62 of the civil rights law, as amended
by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  2.  If  the  petition  be  to  change  the  name of a person currently
confined as an inmate in any correctional facility  or  currently  under
the  supervision  of  the department of corrections and community super-
vision or a county probation department as a result of a conviction  for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, subdivision two of section  230.30  or
230.32, notice of the time and place when and where the petition will be
presented  shall  be served, in like manner as a notice of a motion upon
an attorney in an action, upon the district attorney of every county  in
which  such  person has been convicted of such felony and upon the court
or courts in which the sentence for such felony was  entered.  Unless  a

S. 559                              5

shorter  period  of  time  is ordered by the court, said notice shall be
served upon each such district attorney and court  or  courts  not  less
than  sixty  days prior to the date on which such petition is noticed to
be heard.
  S  19. The closing paragraph of section 64 of the civil rights law, as
separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
amended to read as follows:
  Upon  compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the  clerk  of  the  court  in
which  the  order has been entered shall certify that the order has been
complied with; and, if the petition states that  the  petitioner  stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law  or  any  of  the  following provisions of such law sections 130.25,
130.30, 130.40, 130.45, 255.25,  255.26,  255.27,  article  two  hundred
sixty-three,  135.10,  135.25, 230.05, 230.06, 230.06-A, subdivision two
of section 230.30 or 230.32, such clerk  (1)  shall  deliver,  by  first
class  mail,  a copy of such certified order to the division of criminal
justice services at its office in the county of Albany and (2) upon  the
clerk  of  the  court  reviewing  the  petitioner's application for name
change and subsequent in-court inquiry, may, in the clerk's  discretion,
deliver, by first class mail, the petitioner's new name with such certi-
fied  order  to  the  court  of competent jurisdiction which imposed the
orders of support.   Such certification shall  appear  on  the  original
order  and  on  any  certified  copy thereof and shall be entered in the
clerk's minutes of the proceeding.
  S 20. Subdivision 2 of section 344.4 of the family court act, as added
by chapter 761 of the laws of 1987, is amended to read as follows:
  2. proves or tends to prove that the victim has been convicted  of  an
offense  under  section  230.00  OR 230.01 of the penal law within three
years prior to the sex offense which is  the  subject  of  the  juvenile
delinquency proceeding; or
  S  21.  Subdivision (p) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
defined  in  article  one  hundred  thirty of the penal law, including a
sexually motivated felony; (2) patronizing a  prostitute  in  the  first
degree  as  defined  in  section  230.06 of the penal law, incest in the
second degree as defined in section 255.26  of  the  penal  law,  SEXUAL
EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW,
or  incest in the first degree as defined in section 255.27 of the penal
law; (3) a felony attempt or conspiracy to commit any of  the  foregoing
offenses  set  forth in this subdivision; or (4) a designated felony, as
defined in subdivision (f) of this section, if  sexually  motivated  and
committed prior to the effective date of this article.
  S  22.  Subdivision  2 of section 353 of the multiple dwelling law, as
amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
follows:
  2. If there be two or more convictions in such dwelling within a peri-
od  of  six  months, under [sections] SECTION 230.00, 230.01, 230.25, or
230.40 of the penal law.
  S 23. Subdivision 1 of section 2302  of  the  public  health  law,  as
amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
follows:
  1. Every person arrested  OR  charged  with  a  violation  of  section
230.00,  230.01  or  230.40 of the penal law, or arrested for failure to

S. 559                              6

comply with the order of a judge  or  justice  issued  pursuant  to  the
provisions  of  section two thousand three hundred one of this [chapter]
TITLE, or any person arrested for frequenting disorderly houses or hous-
es  of  prostitution,  shall be reported within twenty-four hours by the
court or magistrate before whom such person is arraigned to  the  health
officer  of  the  health district in which the alleged offense occurred,
and shall be examined in accordance with the provisions of  section  two
thousand three hundred of this [chapter] TITLE.
  S  24.  Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence. For the purposes of this title, two or
more convictions of any person or persons had, within a  period  of  one
year,  for  any  of  the  offenses  described in section 230.00, 230.01,
230.05, 230.20, 230.25 or 230.30 of the penal law arising out of conduct
engaged in at the same real property consisting of a  dwelling  as  that
term  is  defined  in  subdivision  four of section four of the multiple
dwelling law shall be presumptive evidence of conduct  constituting  use
of the premises for purposes of prostitution.
  S  25.  Subdivision  2 of section 715 of the real property actions and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or persons had, within a period of one year, for  any  of  the  offenses
described  in  section 230.00, 230.01, 230.05, 230.20, 230.25, 230.30 or
230.40 of the penal law arising out of conduct engaged in  at  the  same
real property consisting of a dwelling as that term is defined in subdi-
vision  four  of  section  four  of  the  multiple dwelling law shall be
presumptive evidence of conduct constituting use  of  the  premises  for
purposes of prostitution.
  S  26.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 203 of the laws  of  1980,  is  amended  to  read  as
follows:
  3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described  in  section 230.00, 230.01, 230.05, 230.20, 230.25,
230.30, or 230.40 of the penal law arising out of conduct engaged in  at
the  same  premises  consisting of a dwelling as that term is defined in
subdivision four of section four of the multiple dwelling law  shall  be
presumptive  evidence of unlawful use of such premises and of the owners
knowledge of the same.
  S 27. Paragraph (c) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 400 of the laws of 2011, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
230.01,  230.05,  230.06,  230.06-A,  230.20,  235.05,  235.06,  235.07,
235.21, 240.06, 245.00, 260.10, subdivision two of  section  260.20  and
sections  260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35
of the penal law or an attempt to commit any of the  aforesaid  offenses
under section 110.00 of the penal law, or any similar offenses committed

S. 559                              7

under a former section of the penal law, or any offenses committed under
a  former  section of the penal law which would constitute violations of
the aforesaid sections of the  penal  law,  or  any  offenses  committed
outside  this  state  which would constitute violations of the aforesaid
sections of the penal law.
  S 28. This act shall take effect on the ninetieth day after  it  shall
have become a law.

S559A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3174A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §168-a, Cor L; amd §§60.42, 160.10 & 380.50, CP L; amd §§61, 62 & 64, Civ Rts L; amd §344.4, Fam Ct Act; amd §10.03, Ment Hyg L; amd §353, Mult Dwell L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §509-cc, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S116A
2009-2010: S1986

S559A (ACTIVE) - Bill Texts

view summary

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.

view sponsor memo
BILL NUMBER:S559A

TITLE OF BILL: An act to amend the penal law, the correction law, the
criminal procedure law, the civil rights law, the family court act,
the mental hygiene law, the multiple dwelling law, the public health
law, the real property actions and proceedings law, the real property
law and the vehicle and traffic law, in relation to prostitution
offenses and creating the crime of sexual exploitation of a child

PURPOSE:

The purpose of this bill is to protect children, especially runaway
kids who are being turned into sex slaves by parents, pimps and other
abusive adults. The bill would ensure that anyone engaging in sexual
conduct for a fee with a child, who by law is incapable of consenting
to sexual conduct, is punished to the same extent as a person who is
charged under current New York law dealing with statutory rape. The
bill also provides any sixteen year old child who engages in sexual
conduct for a fee and who is a first-time offender with a one-time
non-criminal disposition for any charge of prostitution.

SUMMARY OF PROVISIONS:

Section 1 . Amends Section 230.00 of The Penal Law. Defines criminal
prostitution. Any person who is lawfully able to consent to sexual
conduct, who engages in such sexual conduct for a fee is guilty of a
class B misdemeanor.

Section 2. Amends the Penal Law by adding a new section 230.01.
Defines unlawful prostitution. Any person, who is less than the age of
seventeen, the age of legal consent to sexual conduct, would be guilty
of unlawful prostitution, if such person engages in sexual conduct for
a fee. A first offense would be a violation, subsequent offenses by
sixteen year olds engaging in prostitution would match the penalty
imposed for seventeen year old children and other adults who engage in
prostitution.

Section 3. Amends sections 230.05 and 230.06 of the Penal Law in order
to conform the age of the person being patronized and the penalties
for patronizing such under aged children with the penalties contained
in Article 130 of the Penal Law relative to statutory rape.

Section 4. Amends the Penal Law by adding a new section 230.06-a.
Creates the crime of sexual exploitation of a child. Similar to rape
in the first degree and associated sexual conduct involving children
ten years old and less as well as certain children aged eleven and
twelve, a person patronizing such under aged children would be guilty
of a class B felony.

Section 5. Amends section 230.07 of the Penal law. Shifts the burden
to the defendant who engaged in the sexual conduct with the under aged
person to show, by a preponderance of the evidence, that the defendant
did not have reasonable grounds to believe that the person was less
than the age specified.

Sections 6, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, and 26 are technical amendments.


Section 7. Amends the Penal Law by adding a new section 230.11.
Provides an affirmative defense for a victim of sex trafficking to a
charge of unlawful prostitution or criminal prostitution.

Section 8. Amends the Penal Law, section 230.03 (2). Increases the
penalty for a person who advances or profits from prostitution of a
sixteen year old minor.

Section 9. Amends the Penal Law. section 230.33. Increases the penaty
for a person who by force or intimidation compels a sixteen year old
minor to engage in prostitution.

Section 15. Amends the Criminal Procedure Law, section 160.10,
subdivision 1, paragraph (d) and adds a new paragraph (e). Provides
that unlawful prostitution is a finger-printable offense.

Section 27. Effective Date

EXISTING LAW:

Under existing law persons sixteen years and older, who engage in
sexual conduct for a fee, are guilty of a class B misdemeanor. The law
does not distinguish between actors who are capable of consent to
sexual conduct and those who are not.

Under current law a person who patronizes a prostitute, i.e., pays a
fee to engage in sexual conduct is guilty of a class A misdemeanor.
Also under current law, any person, including a sixteen year old, who
engages in sexual conduct with a minor aged sixteen or younger is
guilty of sexual misconduct, a class A misdemeanor.

Under current law an actor 21 years old or more who engages in sexual
conduct with a person under the age of seventeen is guilty of a class
E felony. If this same individual pays a fee to engage in sexual
conduct with a fourteen, fifteen or sixteen year old child, the person
is only guilty of a class A misdemeanor.

Under current law, if the actor is eighteen years of age or older and
engages in sexual conduct with a person under the age of fifteen the
person is guilty of a class D felony. If this same person pays a fee
to engage in sexual conduct with a fourteen or thirteen year old
child, the person is only guilty of a class E felony.

In addition, under current law it is a B felony for anyone eighteen
years of age or over to engage in sexual conduct with a twelve or
eleven year old and for anyone criminally responsible to engage in
sexual conduct with a child ten years old or younger. However under
current law if someone aged eighteen years or older pays a fee to
engage in sexual conduct with a twelve or eleven year old child, the
person is only guilty of a class E felony. A person who pays a fee to
engage in sexual conduct with a child ten years old or younger is only
guilty of a class D felony.

Under current law a pimp or other person aiding a sixteen or seventeen
year old minor to engage in prostitution is guilty of a class D
felony. Current law makes this activity a class C felony for aiding
children fifteen or younger to engage in prostitution.


Under current law a person who by force or intimidation compels
someone fifteen years old or younger to engage in prostitution is
guilty of a class B felony.

JUSTIFICATION:

Current laws governing statutory rape of a minor child and
prostitution by a minor child are at odds. A minor child under the age
of eighteen who accepts money or other valuable consideration in
exchange for sex is treated just like an adult and charged as a
criminal. At the same time, the penal law makes it a crime to engage
in sex with a minor under the age of seventeen. Common sense dictates
that children, who as a matter of law are incapable of consent to
sexual intercourse or anal or oral sexual conduct are actually victims
of sexual abuse by virtue of their age. Testimony elicited at a March
2007 Assembly Children and Family Committee sponsored roundtable on
sexually exploited children drew attention to this anomaly in state
law.

Individuals who engage in criminal sexual conduct with children should
not face lesser sentences because they paid for the criminal conduct.
Nor should pimps and other criminal sex abusers receive lesser
punishment because the minor being sold for sex or for out into such
activity is sixteen years old. Sixteen year olds are incapable of
consent to sexual conduct as it matter of law and are victims. They
deserve the same protections other minor children receive from pimps
and other criminal sex abusers.

In addition, the law should make distinctions between children who are
incapable of consent as a matter of law and others who can consent to
sexual conduct. At the same time, recognizing that the law should not
encourage minors under the age of seventeen to engage in sexual
conduct and that criminally culpable minors ought to bear some
responsibility for engaging in illegal activity, prostitution by
criminally culpable minors should continue to be proscribed by the
penal law.

In an effort to balance the twin goals of protecting children from
sexual exploitation at the hands of pimps and persons patronizing
these children as prostitutes and discouraging children from engaging
in sexual conduct for money or other valuable consideration, a reduced
penalty is proposed for minors, who are a matter of law are incapable
of consent to sexual conduct but who engage in this activity in
exchange for money or other valuable consideration. Repeat offenders
would be subject to the same penalties as under current law.

LEGISLATIVE HISTORY:

2013: S.559 - Referred to Codes/A.3174 - Referred to Codes
2012: S.116- Referred to Judiciary
2011: S.116 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Judiciary
2009-10: S.1986 Referred to Codes/A.3202 - Referred to Codes
2007-07: S.5455A - Advanced to Third Reading/A.7426A - Amended and
Recommitted to Codes

FISCAL IMPLICATIONS:


None to the State.

LOCAL FISCAL IMPLICATIONS:

Some reduction in local incarceration and probation costs can be
expected. In addition a minor reduction in family court and juvenile
detention expenditures may occur.

EFFECTIVE DATE:

Ninety days next succeeding the day is shall have become a law.

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

                                 559--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the penal law, the correction law, the criminal proce-
  dure law, the civil rights law,  the  family  court  act,  the  mental
  hygiene  law,  the  multiple  dwelling law, the public health law, the
  real property actions and proceedings law, the real property  law  and
  the  vehicle and traffic law, in relation to prostitution offenses and
  creating the crime of sexual exploitation of a child

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

  Section  1. Section 230.00 of the penal law, as amended by chapter 169
of the laws of 1969, is amended to read as follows:
S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
  A person is guilty of  CRIMINAL  prostitution  when,  BEING  SEVENTEEN
YEARS  OLD OR MORE, such person engages or agrees or offers to engage in
sexual conduct with another person in return for a fee.
  [Prostitution] CRIMINAL PROSTITUTION is a class B [Misdemeanor] MISDE-
MEANOR.
  S 2. The penal law is amended by adding a new section 230.01  to  read
as follows:
S 230.01 UNLAWFUL PROSTITUTION.
  A  PERSON  IS  GUILTY  OF  UNLAWFUL PROSTITUTION WHEN, BEING LESS THAN
SEVENTEEN YEARS OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS  TO  ENGAGE
IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
  UNLAWFUL  PROSTITUTION  IS  A  VIOLATION,  PROVIDED, HOWEVER, THAT ANY
PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF  A  CRIME  DEFINED  IN  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00400-02-4

S. 559--A                           2

ARTICLE  OR  SECTION  240.37  OF  THIS PART SHALL BE GUILTY OF A CLASS B
MISDEMEANOR.
  S  3. Sections 230.05 and 230.06 of the penal law, as added by chapter
627 of the laws of 1978, are amended to read as follows:
S 230.05 Patronizing a prostitute in the second degree.
  A person is guilty of patronizing a prostitute in  the  second  degree
when,  being  [over eighteen] TWENTY-ONE years of age OR MORE, he OR SHE
patronizes a prostitute and the person patronized is  less  than  [four-
teen] SEVENTEEN years of age.
  Patronizing a prostitute in the second degree is a class E felony.
S 230.06 Patronizing a prostitute in the first degree.
  A  person  is  guilty  of patronizing a prostitute in the first degree
when, BEING EIGHTEEN YEARS OF AGE OR MORE, he OR SHE patronizes a  pros-
titute  and the person patronized is less than [eleven] FIFTEEN years of
age.
  Patronizing a prostitute in the first degree is a class D felony.
  S 4. The penal law is amended by adding a new section 230.06-a to read
as follows:
S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
  A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:
  1. BEING EIGHTEEN YEARS OF AGE OR MORE HE OR SHE PATRONIZES A  PROSTI-
TUTE AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
  2. HE OR SHE PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS
THAN ELEVEN YEARS OF AGE.
  SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
  S  5. 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 OR SEXUAL EXPLOITATION OF A CHILD,  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 6. The opening paragraph of section  230.10  of  the  penal  law  is
amended to read as follows:
  In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
patronizing  a  prostitute,  the  sex  of the two parties or prospective
parties to the sexual conduct engaged in, contemplated or  solicited  is
immaterial, and it is no defense that:
  S  7.  The penal law is amended by adding a new section 230.11 to read
as follows:
S 230.11 PROSTITUTION; DEFENSE.
  IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
FICKING.
  S 8. Subdivision 2 of section 230.30 of the penal law, as  amended  by
chapter 627 of the laws of 1978, is amended to read as follows:
  2.  Advances  or  profits  from  prostitution  of  a  person less than
[sixteen] SEVENTEEN years old.
  S 9. Section 230.33 of the penal law, as added by chapter 450  of  the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A  person  is guilty of compelling prostitution when, being twenty-one
years of age or older, he or  she  knowingly  advances  prostitution  by
compelling a person less than [sixteen] SEVENTEEN years old, by force or
intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.

S. 559--A                           3

  S  10.  Subdivision  2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended to read as follows:
  2.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop,  or  repeatedly  attempts to engage passers-by 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 of patronizing a prostitute as those terms are  defined
in  article two hundred thirty of [the penal law] THIS CHAPTER, shall be
guilty of a violation and is guilty of a class  B  misdemeanor  if  such
person  has  previously been convicted of a violation of this section or
of [sections] SECTION 230.00, 230.01 or 230.05 of [the penal  law]  THIS
PART.
  S  11.  Section  60.13  of the penal law, as added by chapter 7 of the
laws of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When a person is to be sentenced upon  a  conviction  for  any  felony
defined in article one hundred thirty of this chapter, including a sexu-
ally  motivated  felony, or patronizing a prostitute in the first degree
as defined in section 230.06 of this chapter, SEXUAL EXPLOITATION  OF  A
CHILD  AS  DEFINED  IN  SECTION  230.06-A OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony  attempt  or  conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S 12. Paragraph (a) of subdivision 1 of section  70.80  of  the  penal
law,  as  added  by chapter 7 of the laws of 2007, is amended to read as
follows:
  (a) For the purposes of this section, a "felony sex offense"  means  a
conviction  of  any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a prosti-
tute in the first degree as defined in section 230.06 of  this  chapter,
incest  in  the second degree as defined in section 255.26 of this chap-
ter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN  SECTION  230.06-A  OF
THIS CHAPTER, or incest in the first degree as defined in section 255.27
of  this chapter, or a felony attempt or conspiracy to commit any of the
above.
  S 13. 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  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 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 230.06-A, or subdivision two  of  section
230.30, or section 230.32 or 230.33 of the penal law, or
  S 14. Subdivision 2 of section 60.42 of the criminal procedure law, as
added by chapter 230 of the laws of 1975, is amended to read as follows:
  2.  proves  or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.01 of the  penal  law  within  three

S. 559--A                           4

years  prior to the sex offense which is the subject of the prosecution;
or
  S 15. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
procedure law, as amended by chapter 232 of the laws of 2010, is amended
and a new paragraph (e) is added to read as follows:
  (d)    Loitering for the purpose of engaging in a prostitution offense
as defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E) UNLAWFUL PROSTITUTION AS DEFINED IN SECTION 230.01  OF  THE  PENAL
LAW.
  S  16.  Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  6.  Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25,  230.05,  230.06, 230.06-A, subdivision two of section 230.30 or
230.32, the prosecutor shall, within sixty days  of  the  imposition  of
sentence,  provide  the victim with a form on which the victim may indi-
cate a demand to be informed of any petition to change the name of  such
defendant.    Such  forms  shall  be maintained by such prosecutor. Upon
receipt of a notice of a petition to change the name of any such defend-
ant, pursuant to subdivision two  of  section  sixty-two  of  the  civil
rights  law, the prosecutor shall promptly notify the victim at the most
current address or telephone number provided by such victim in the  most
reasonable  and  expedient  possible  manner  of the time and place such
petition will be presented to the court.
  S 17. Subdivision 2 of section 61 of the civil rights law, as  amended
by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
230.06-A,  subdivision two of section 230.30 or 230.32, and is currently
confined as an inmate in any correctional facility  or  currently  under
the  supervision  of  the department of corrections and community super-
vision or a county probation department as a result of such  conviction,
the  petition  shall  for  each  such  conviction  specify  such  felony
conviction, the date of such conviction or convictions, and the court in
which such conviction or convictions were entered.
  S 18. Subdivision 2 of section 62 of the civil rights law, as  amended
by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of a conviction for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law  or  any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25,  230.05,  230.06, 230.06-A, subdivision two of section 230.30 or

S. 559--A                           5

230.32, notice of the time and place when and where the petition will be
presented shall be served, in like manner as a notice of a  motion  upon
an  attorney in an action, upon the district attorney of every county in
which  such  person has been convicted of such felony and upon the court
or courts in which the sentence for such felony was  entered.  Unless  a
shorter  period  of  time  is ordered by the court, said notice shall be
served upon each such district attorney and court  or  courts  not  less
than  sixty  days prior to the date on which such petition is noticed to
be heard.
  S 19. The closing paragraph of section 64 of the civil rights law,  as
separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
amended to read as follows:
  Upon compliance with the order and the filing of the affidavit of  the
publication,  as  provided  in  this  section, the clerk of the court in
which the order has been entered shall certify that the order  has  been
complied  with;  and,  if the petition states that the petitioner stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law or any of the following provisions  of  such  law  sections  130.25,
130.30,  130.40,  130.45,  255.25,  255.26,  255.27, article two hundred
sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A,  subdivision  two
of  section  230.30  or  230.32,  such clerk (1) shall deliver, by first
class mail, a copy of such certified order to the division  of  criminal
justice  services at its office in the county of Albany and (2) upon the
clerk of the court  reviewing  the  petitioner's  application  for  name
change  and subsequent in-court inquiry, may, in the clerk's discretion,
deliver, by first class mail, the petitioner's new name with such certi-
fied order to the court of  competent  jurisdiction  which  imposed  the
orders  of  support.    Such  certification shall appear on the original
order and on any certified copy thereof and  shall  be  entered  in  the
clerk's minutes of the proceeding.
  S 20. Subdivision 2 of section 344.4 of the family court act, as added
by chapter 761 of the laws of 1987, is amended to read as follows:
  2.  proves  or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.01 of the  penal  law  within  three
years  prior  to  the  sex  offense which is the subject of the juvenile
delinquency proceeding; or
  S 21. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
defined in article one hundred thirty of  the  penal  law,  including  a
sexually  motivated  felony;  (2)  patronizing a prostitute in the first
degree as defined in section 230.06 of the  penal  law,  incest  in  the
second  degree  as  defined  in  section 255.26 of the penal law, SEXUAL
EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW,
or incest in the first degree as defined in section 255.27 of the  penal
law;  (3)  a felony attempt or conspiracy to commit any of the foregoing
offenses set forth in this subdivision; or (4) a designated  felony,  as
defined  in  subdivision  (f) of this section, if sexually motivated and
committed prior to the effective date of this article.
  S 22. Subdivision 2 of section 353 of the multiple  dwelling  law,  as
amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
follows:
  2. If there be two or more convictions in such dwelling within a peri-
od of six months, under [sections] SECTION 230.00,  230.01,  230.25,  or
230.40 of the penal law.

S. 559--A                           6

  S  23.  Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence. For the purposes of this title, two or
more  convictions  of  any person or persons had, within a period of one
year, for any of the  offenses  described  in  section  230.00,  230.01,
230.05, 230.20, 230.25 or 230.30 of the penal law arising out of conduct
engaged  in  at  the same real property consisting of a dwelling as that
term is defined in subdivision four of  section  four  of  the  multiple
dwelling  law  shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
  S 24. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.01, 230.05, 230.20, 230.25,  230.30  or
230.40  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision four of section four  of  the  multiple  dwelling  law  shall  be
presumptive  evidence  of  conduct  constituting use of the premises for
purposes of prostitution.
  S 25. Subdivision 3 of section  231  of  the  real  property  law,  as
amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
follows:
  3. For the purposes of this section, two or more  convictions  of  any
person  or  persons  had,  within  a  period of one year, for any of the
offenses described in section 230.00, 230.01,  230.05,  230.20,  230.25,
230.30,  or 230.40 of the penal law arising out of conduct engaged in at
the same premises consisting of a dwelling as that term  is  defined  in
subdivision  four  of section four of the multiple dwelling law shall be
presumptive evidence of unlawful use of such premises and of the  owners
knowledge of the same.
  S  26. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.01,  230.05,  230.06,  230.06-A,  230.20,  235.05,  235.06,  235.07,
235.21,  240.06,  245.00,  260.10, subdivision two of section 260.20 and
sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12,  265.35
of  the  penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, or any similar offenses committed
under a former section of the penal law, or any offenses committed under
a former section of the penal law which would constitute  violations  of
the  aforesaid  sections  of  the  penal  law, or any offenses committed
outside this state which would constitute violations  of  the  aforesaid
sections of the penal law.
  S  27.  This act shall take effect on the ninetieth day after 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.