S T A T E O F N E W Y O R K
________________________________________________________________________
4743--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
___________
Introduced by M. of A. MOYA, FRIEND -- read once and referred to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the penal law, in relation to designating promoting
prostitution in the first degree, compelling prostitution and sex
trafficking as class B violent felony offenses and the prostitution of
minors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 70.02 of the
penal law, as amended by chapter 368 of the laws of 2015, is 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;
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, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
SECTION 230.32, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33,
sex trafficking as defined in [paragraphs (a) and (b) of subdivision
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00331-03-6
A. 4743--A 2
five of] section 230.34, 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.
S 2. Section 230.30 of the penal law, as amended by chapter 368 of the
laws of 2015, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
A person is guilty of promoting prostitution in the second degree when
he or she knowingly[:
1. Advances] ADVANCES prostitution by compelling a person by force or
intimidation to engage in prostitution, or profits from such coercive
conduct by another[; or
2. Advances or profits from prostitution of a person less than eigh-
teen years old].
Promoting prostitution in the second degree is a class C felony.
S 3. Section 230.32 of the penal law, as added by chapter 627 of the
laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended
by chapter 368 of the laws of 2015, is amended to read as follows:
S 230.32 Promoting prostitution in the first degree.
A person is guilty of promoting prostitution in the first degree when
he or she[:
1.] knowingly advances or profits from prostitution of a person less
than [thirteen years old; or
2. being twenty-one years old or more, he or she knowingly advances or
profits from prostitution of a person less than fifteen] SIXTEEN years
old.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided, however, if
chapter 368 of the laws of 2015 has not taken effect before such effec-
tive date then this act shall take effect on the same date and in the
same manner as such chapter; and provided, further, that this act shall
apply to offenses committed on or after such date.