senate Bill S8107A

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 - In Senate Committee Codes Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2018 print number 8107a
May 09, 2018 amend and recommit to codes
Mar 29, 2018 referred to codes

S8107 - Details

See Assembly Version of this Bill:
A9704
Current Committee:
Senate Codes
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:
S2253, A654

S8107 - Summary

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

S8107 - Sponsor Memo

S8107 - Bill Text download pdf


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

                                  8107

                            I N  S E N A T E

                             March 29, 2018
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed 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 Section 240.37 of the penal law is REPEALED.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
laws  of 1971 and paragraph (d) as amended by chapter 232 of the laws of
2010, are amended to read as follows:

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

S8107A (ACTIVE) - Details

See Assembly Version of this Bill:
A9704
Current Committee:
Senate Codes
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:
S2253, A654

S8107A (ACTIVE) - Summary

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

S8107A (ACTIVE) - Sponsor Memo

S8107A (ACTIVE) - Bill Text download pdf


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

                                 8107--A

                            I N  S E N A T E

                             March 29, 2018
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be  committed  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-
cution  for  section 230.00 [or section 240.37] of the penal law for the

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

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