assembly Bill A9704A

2017-2018 Legislative Session

Repeals section 240.37 of the penal law, relating to loitering for the purpose of engaging in a prostitution offense

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2018 advanced to third reading cal.882
May 08, 2018 reported
Apr 30, 2018 print number 9704a
Apr 30, 2018 amend and recommit to codes
Feb 02, 2018 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A9704 - Details

See Senate Version of this Bill:
S8107
Law Section:
Penal Law
Laws Affected:
Rpld §240.37, amd §230.01, Pen L; amd §§60.47, 160.10, 170.30, 170.80, 420.35, 720.15 & 720.35, CP L; amd §447-a, Soc Serv L; amd §3-118, NYC Ad Cd
Versions Introduced in 2019-2020 Legislative Session:
A654, S2253

A9704 - Summary

Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.

A9704 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9704

                          I N  A S S E M B L Y

                            February 2, 2018
                               ___________

Introduced  by  M.  of  A. PAULIN, SEAWRIGHT, DICKENS, DINOWITZ, D'URSO,
  GALEF, GOTTFRIED, HOOPER, JAFFEE, JENNE, JOYNER,  PICHARDO,  L. ROSEN-
  THAL,  SIMON,  STECK,  ERRIGO  --  Multi-Sponsored  by  --  M.  of  A.
  DE LA ROSA, MAGEE -- read once and referred to the Committee on Codes

AN ACT to repeal section 240.37 of the penal law, relating to  loitering
  for  the  purpose  of engaging in a prostitution offense; and to amend
  the penal law, the criminal procedure law, the social services law and
  the administrative code of the city of New York, in relation to making
  technical corrections relating thereto

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

  Section 1. Section 240.37 of the penal law is REPEALED.
  §  2.  Section 230.01 of the penal law, as added by chapter 368 of the
laws of 2015, is amended to read as follows:
§ 230.01 Prostitution; affirmative defense.
  In any prosecution under  section  230.00[,]  OR  section  230.03  [or
subdivision  two  of  section 240.37] of this part, it is an affirmative
defense that the defendant's participation in the offense was  a  result
of having been a victim of compelling prostitution under section 230.33,
a  victim  of  sex trafficking under section 230.34 of this article or a
victim  of  trafficking  in  persons  under  the   trafficking   victims
protection act (United States Code, Title 22, Chapter 78).
  §  3. Section 60.47 of the criminal procedure law, as added by section
2 of part I of chapter 57 of the laws of 2015, is  amended  to  read  as
follows:
§ 60.47 Possession of condoms; receipt into evidence.
  Evidence  that  a  person was in possession of one or more condoms may
not be admitted at any trial, hearing, or other proceeding in  a  prose-
cution  for  section 230.00 [or section 240.37] of the penal law for the
purpose of establishing probable cause for  an  arrest  or  proving  any
person's commission or attempted commission of such offense.
  §  4. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the
criminal procedure law, paragraph (c) as amended by chapter 762  of  the

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A9704A (ACTIVE) - Details

See Senate Version of this Bill:
S8107
Law Section:
Penal Law
Laws Affected:
Rpld §240.37, amd §230.01, Pen L; amd §§60.47, 160.10, 170.30, 170.80, 420.35, 720.15 & 720.35, CP L; amd §447-a, Soc Serv L; amd §3-118, NYC Ad Cd
Versions Introduced in 2019-2020 Legislative Session:
A654, S2253

A9704A (ACTIVE) - Summary

Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.

A9704A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9704--A

                          I N  A S S E M B L Y

                            February 2, 2018
                               ___________

Introduced  by  M.  of  A. PAULIN, SEAWRIGHT, DICKENS, DINOWITZ, D'URSO,
  GALEF, GOTTFRIED, HOOPER, JAFFEE, JENNE, JOYNER,  PICHARDO,  L. ROSEN-
  THAL,  SIMON,  STECK,  ERRIGO,  NIOU -- Multi-Sponsored by -- M. of A.
  DE LA ROSA, MAGEE -- 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 repeal section 240.37 of the penal law, relating to  loitering
  for  the  purpose  of engaging in a prostitution offense; and to amend
  the penal law, the criminal procedure law, the social services law and
  the administrative code of the city of New York, in relation to making
  technical corrections relating thereto

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

  Section  1. The repeal of section 240.37 of the penal law, as effected
by section two of this act, is hereby declared to be  ameliorative,  and
it  is  the  intent  of  the  legislature that no prosecution under such
section be commenced, continued, or refiled.
  § 2. Section 240.37 of the penal law is REPEALED.
  § 3. Section 230.01 of the penal law, as added by chapter 368  of  the
laws of 2015, is amended to read as follows:
§ 230.01 Prostitution; affirmative defense.
  In  any  prosecution  under  section  230.00[,]  OR section 230.03 [or
subdivision two of section 240.37] of this part, it  is  an  affirmative
defense  that  the defendant's participation in the offense was a result
of having been a victim of compelling prostitution under section 230.33,
a victim of sex trafficking under section 230.34 of this  article  or  a
victim   of   trafficking  in  persons  under  the  trafficking  victims
protection act (United States Code, Title 22, Chapter 78).
  § 4. Section 60.47 of the criminal procedure law, as added by  section
2  of  part  I  of chapter 57 of the laws of 2015, is amended to read as
follows:
§ 60.47 Possession of condoms; receipt into evidence.
  Evidence that a person was in possession of one or  more  condoms  may
not  be  admitted at any trial, hearing, or other proceeding in a prose-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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