NY State Assembly Bill 2013-A3174A

Assembly Bill A3174A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2014	print number 3174a
Mar 05, 2014	amend and recommit to codes
Jan 08, 2014	referred to codes
Jan 23, 2013	referred to codes

Bill Amendments

Original

A (Active)

2013-A3174 - Details

See Senate Version of this Bill:: S559
Current Committee:: Assembly Codes
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 Other Legislative Sessions:: 2009-2010: S1986
2011-2012: S116
2015-2016: S112
2017-2018: S4937, S8702

2013-A3174 - Summary

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

2013-A3174 - Bill Text download pdf

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

                                  3174

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred 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:
S 230.05 Patronizing a prostitute in the second degree.

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

A. 3174                             2

  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
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly

A. 3174                             3

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:
  (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

A. 3174                             4

  (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
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

A. 3174                             5

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
comply with the order of a judge  or  justice  issued  pursuant  to  the
provisions  of  section two thousand three hundred one of this [chapter]

A. 3174                             6

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
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

A. 3174                             7

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.

2013-A3174A (ACTIVE) - Details

See Senate Version of this Bill:: S559
Current Committee:: Assembly Codes
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 Other Legislative Sessions:: 2009-2010: S1986
2011-2012: S116
2015-2016: S112
2017-2018: S4937, S8702

2013-A3174A (ACTIVE) - Summary

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

2013-A3174A (ACTIVE) - Bill Text download pdf

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

                                 3174--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  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, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00400-03-4

A. 3174--A                          2

  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 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:

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  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
years  prior to the sex offense which is the subject of the prosecution;
or

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  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
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

A. 3174--A                          5

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  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:

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  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.

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