S T A T E   O F   N E W   Y O R K
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                                  4530

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. MAYERSOHN -- Multi-Sponsored by -- M. of A. ALFA-
  NO,  BARRA,  CLARK,  GALEF,  PERRY,  SWEENEY,  WRIGHT -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to loitering for the  purpose
  of engaging in prostitution by persons under the age of sixteen

  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, as added by chapter 344 of
the laws of 1976, is amended to read as follows:
S 240.37 Loitering  for  the  purpose  of  engaging  in  a  prostitution
             offense.
  1.  For the purposes of this section, "public place" means any street,
sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking  lot
or  transportation  facility  or  the  doorways and entrance ways to any
building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
  2. [Any] EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION,  ANY
person  who  remains  or  wanders about in a public place and repeatedly
beckons to,  or  repeatedly  stops,  or  repeatedly  attempts  to  stop,
PASSERS-BY, 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  PART,  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 or 230.05 of [the penal law] THIS PART.
  3.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop, PASSERS-BY, or repeatedly attempts to engage passers-by in conver-
sation,  or  repeatedly  stops  or  attempts  to stop motor vehicles, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04375-01-9
              

A. 4530                             2

repeatedly interferes with the free passage of other  persons,  for  the
purpose  of  promoting  prostitution  as  defined in article two hundred
thirty of [the penal law] THIS PART is guilty of a class A misdemeanor.
  4. ANY PERSON UNDER THE AGE OF SIXTEEN WHO REMAINS OR WANDERS ABOUT IN
A  PUBLIC  PLACE  AND  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR
REPEATEDLY ATTEMPTS TO  STOP,  PASSERS-BY,  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 AS DEFINED IN ARTICLE TWO
HUNDRED THIRTY OF THIS PART, SHALL BE ADJUDGED A JUVENILE DELINQUENT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.